Tenant Proves Mouse Infestation and Contaminated Water

Landlord brought a holdover proceeding to evict tenant based on nonpayment of rent. The court ruled for landlord and found that tenant owed $18,000 in back rent. Tenant appealed, claiming that landlord should have commenced a nonpayment proceeding, not a holdover proceeding. The appeals court ruled for tenant and dismissed the case. Tenant's lease stated that landlord could start a holdover proceeding based on failure to pay rent. While a holdover proceeding could be maintained if the termination of a residential tenancy was based on a claimed rent default, public policy dictates that where tenant proves breach of the warranty of habitability, the holdover proceeding must be dismissed. In this case, tenant showed there was a breach of the warranty based on a mouse infestation and contaminated water.

Windy Acres Farm, Inc. v. Penepent: 2013 NY Slip Op 23118, 2013 WL 1457045 (App. T. 9th & 10th Jud Dist; 4/9/13; Iannacci, JP, Marano, Tolbert, JJ)