Tenant's DHCR Service Complaint Doesn't Bar Warranty of Habitability Claim

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on heat, hot water, elevator service, and noise conditions. The court ruled against tenant and found that tenant owed $2,500 in back rent. The court determined that tenant was barred from making warranty of habitability claims because she had already gotten a 10 percent rent reduction from the DHCR on her hot water claim. Tenant appealed and won. Tenant wasn't barred from making a breach of the warranty of habitability claim on the same conditions. And it was unclear whether the DHCR ruled on the same conditions that tenant raised in the nonpayment case. The law bars tenant from getting a rent abatement only for the same condition for which tenant already received a DHCR rent reduction.

Rush Realty Assocs. LLC v. Weston: NYLJ, 11/28/03, p. 29, col. 2 (App. T. 2 Dept.; Pesce, PJ, Patterson, Rios, JJ)