Warranty of Habitability Claim Can't Go Back More Than Six Years

May 15, 2013

LVT Number: #24801

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability and asked for a rent abatement. Tenant subpoenaed DHCR records and managing agent records from landlord, who asked the court to quash the subpoenas. The court ruled against landlord, but limited the time period covered to six years since that was the legal limit for a claim based on warranty of habitability, which was an implied term of tenant's lease agreement. 

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability and asked for a rent abatement. Tenant subpoenaed DHCR records and managing agent records from landlord, who asked the court to quash the subpoenas. The court ruled against landlord, but limited the time period covered to six years since that was the legal limit for a claim based on warranty of habitability, which was an implied term of tenant's lease agreement. 

230 Riverside LLC v. DeCharette: Index No. L&T083099/11, NYLJ No. 1202596030799 (Civ. Ct. NY; 4/17/13; Stanley, J)

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