Tenants Can Offer Evidence of Apartment Condition

July 31, 1995

LVT Number: 9873

Landlord sued to evict tenants when they didn't renew their lease. Tenants claimed there were a number of defective conditions in the apartment. The court ruled for landlord. Tenants were ordered to pay use and occupancy at the amount of their last rent. Tenants appealed, claiming the court should have considered their claims concerning the apartment's condition. The appeals court ruled for tenants on this issue. The apartment wasn't rent-regulated. Use and occupancy therefore should be based on the fair market value of the apartment.

Landlord sued to evict tenants when they didn't renew their lease. Tenants claimed there were a number of defective conditions in the apartment. The court ruled for landlord. Tenants were ordered to pay use and occupancy at the amount of their last rent. Tenants appealed, claiming the court should have considered their claims concerning the apartment's condition. The appeals court ruled for tenants on this issue. The apartment wasn't rent-regulated. Use and occupancy therefore should be based on the fair market value of the apartment. Tenants claimed a number of conditions existed, including asbestos, lead, roof leaks, doors that wouldn't close, a nonworking front door lock, and misaligned windows.

Gammerman v. Kulko, Debaun & Kavelman: NYLJ, p. 23, col. 1 (7/26/95) (App. T. 2 Dept.; DiPaola, PJ, Collins, Ingrassia, JJ)

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