Tenant Who Didn't Cite Any Conditions Can't Claim Breach of Warranty of Habitability

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and that landlord waited too long to seek the substantial amount of back rent claimed due. Landlord asked the court to dismiss these claims without a trial. The court ruled against landlord, who appealed and won in part. Tenant mentioned no rent-impairing conditions in his sworn statement claiming breach of warranty. Tenant's daughter stated that they avoided raising repair issues with landlord. Tenant's claim based on breach of the warranty of habitability must therefore be dismissed because no facts were presented to support that claim. As to the rent, landlord sought $52,000 in back rent dating back to July 2007. There was a long-standing dispute between landlord and tenant over whether tenant's daughter had succession rights and landlord's refusal to accept rent directly from her. So the court correctly ruled that there was an issue of fact on the question of whether any of landlord's rent claim was stale.

72A Realty Associates, LP v. Mercado: 2014 NY Slip Op 24302, 2014 WL 5148904 (App. T. 1 Dept.; 10/10/14; Lowe III, PJ, Shulman, Hunter Jr., JJ)