Tenant Sues Landlord for Lack of Heat

June 30, 2011

LVT Number: #23487

Tenant sued landlord for breach of their lease agreement, based on landlord's failure to provide heat. The court ruled for landlord without a trial and limited tenant's recovery to $800, the cost of moving to another apartment. Tenant appealed, claiming that there were questions of fact requiring a trial, that he was entitled to punitive damages, and that he should get attorney's fees. The appeals court ruled for tenant in part. There was a question of fact as to whether landlord breached tenant's warranty of habitability by not providing heat.

Tenant sued landlord for breach of their lease agreement, based on landlord's failure to provide heat. The court ruled for landlord without a trial and limited tenant's recovery to $800, the cost of moving to another apartment. Tenant appealed, claiming that there were questions of fact requiring a trial, that he was entitled to punitive damages, and that he should get attorney's fees. The appeals court ruled for tenant in part. There was a question of fact as to whether landlord breached tenant's warranty of habitability by not providing heat. But tenant couldn't get punitive damages. And tenant wasn't entitled to attorney's fees because his lease allowed for fees to only the prevailing party in an action based on nonpayment of rent or seeking recovery of the apartment.

Smith v. Perriello: 2011 NY Slip Op 05254, 2011 WL 209663 (App. Div. 2 Dept. Rivera, JP, Skelos, Angiolillo, Sgroi, JJ)

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