Tenants Responsible for Defective Ventilation System

Facts: Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability, based on a defective ventilation system in their bedroom. Landlord had made repairs, including removal of plaster boards in the bedroom area wall, to comply with prior court stipulation. When landlord did this, it found duct work surrounding the ventilation system. Tenants claimed that the ventilation system spewed dust in the new space, debris, and fumes. Landlord had offered to re-seal the wall immediately after discovering the vent. But tenants wanted the duct work removed so that they could move their bed into that space. Court: Tenants lose. In the prior court proceeding, tenants had bargained for the repairs they got. Once the work was done, they weren't happy with it and they wouldn't let landlord close the newly opened space to restore it to its prior condition. Real Property Law section 235-b states that a condition caused by tenant doesn't constitute a breach of the warranty of habitability.

752 End Run Realty Corp. v. Frantz: NYLJ, p. 23, col. 1 (2/9/94) (Civ. Ct. NY; Scott, J)