Tenant Didn't Occupy Apartment

April 30, 1993

LVT Number: 6980

Landlord cooperative corporation sued to evict tenant proprietary lessee for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. Landlord argued that tenant couldn't make this claim because tenant's son, and not tenant, occupied the apartment. The trial court agreed, and tenant appealed. The appeals court ruled that tenant could make this claim. The fact that an authorized family member lived in the apartment instead of tenant didn't bar tenant from claiming a breach of the warranty of habitability.

Landlord cooperative corporation sued to evict tenant proprietary lessee for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. Landlord argued that tenant couldn't make this claim because tenant's son, and not tenant, occupied the apartment. The trial court agreed, and tenant appealed. The appeals court ruled that tenant could make this claim. The fact that an authorized family member lived in the apartment instead of tenant didn't bar tenant from claiming a breach of the warranty of habitability.

31171 Owners Corp. v. Thach: NYLJ, p. 21, col. 2 (4/21/93) (App. T. 1 Dept.; Ostrau, PJ, Parness, Miller, JJ)

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