Tenant Doesn't Prove Breach of Warranty of Habitability

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant, in turn, claimed a breach of the warranty of habitability and harassment. Tenant sought a 50 percent rent abatement for a six-month period. At the time of trial, tenant owed $25,800 in back rent. The court ruled for landlord and against tenant. Tenant testified that she withheld rent due to apartment conditions including mice and improper ventilation, dog barking noise from a neighboring apartment, and landlord's lack of assistance to her in using the building's service entrance during a period when the lobby was being renovated.  But landlord promptly corrected the apartment conditions and the court found that tenant failed to prove the dog barking claim. She had two dogs of her own, which her own witness had heard barking. Landlord also notified the upstairs tenant of the complaint, and the upstairs noise subsided. Tenant also collected $1,500 per month from a roommate throughout the period she claimed there was a breach of the warranty of habitability. Tenant's monthly rent was $2,600. There was no proof of any damages to tenant.

405 East 56th Street LLC v. Bell: 38 Misc.3d 1232(A), 2013 NY Slip Op 50364(U) (Civ. Ct. NY; 3/13/13; Kraus, J)