Tenant Gets Chance to Present Claims

January 1, 2003

LVT Number: 16354

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. During the trial, landlord testified that tenant wouldn't give access for repairs that tenant claimed were needed. Tenant asked for more time to get proof of building violations. The court denied tenant's request and ruled for landlord. Tenant appealed. The appeals court ruled for tenant and ordered a new trial. Tenant said that HPD inspection reports and repair orders showed B and C violations.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. During the trial, landlord testified that tenant wouldn't give access for repairs that tenant claimed were needed. Tenant asked for more time to get proof of building violations. The court denied tenant's request and ruled for landlord. Tenant appealed. The appeals court ruled for tenant and ordered a new trial. Tenant said that HPD inspection reports and repair orders showed B and C violations. This would raise serious questions as to whether landlord maintained the building properly. Tenant should have been given the chance to present this proof.

Sunnyhill Gardens Assn. v. Nekaj: NYLJ, 12/18/02, p. 26, col. 5 (App. T.2 Dept.; Aronin, JP, Golia, Rios, JJ)

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