Tenant Who Moved Doesn't Owe Unpaid Rent

Facts: Rent-stabilized tenant and her family moved into apartment in 1975. After tenant's lease was renewed for two years in 1989, landlord rented the apartment next-door to someone who started dealing drugs. Although tenant complained, the drug dealer remained. In various incidents, tenant's car windows were smashed, her tires slashed, and people yelled and banged on her door at all hours. Finally, shots were fired at tenant's door and the building security guard was shot. Tenant moved out in terror, with a year left on her lease. It took landlord several months to re-rent the apartment. He sued tenant for the unpaid rent during the period the apartment remained vacant. Court: Landlord loses. By not taking sufficient steps to stop the drug dealing, landlord had breached the implied warranty of habitability owed to tenant under Real Property Law Section 235-b. Arguably, tenant could even have gotten a rent abatement for constructive eviction.

Auburn Leasing Corp. v. Burgos: NYLJ, p. 27, col. 1 (3/1/94) (Civ. Ct. Queens; Schmidt, J)