WARRANTY OF HABITABILITY

Apartment Conditions Warranted Rent Abatement

November 28, 2016    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court by which tenant agreed to pay by a certain date and landlord agreed to make repairs. Tenant obtained...

Tenant Gets Rent Abatement for Mice in Apartment

November 23, 2016    

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed breach of the warranty of habitability due to flooding and rodent problems in the apartment. The court ruled for tenant in part....

Co-op Responsible for Failing to Restore Tenant's Terrace After Storm

October 21, 2016    

Cooperative shareholder tenant sued landlord cooperative corporation, claiming breach of lease and breach of implied warranty of habitability. In 2007, a storm damaged the terrace that tenant shared with next-door...

New Trial Ordered After Former Tenant Gets Full Rent Abatement for Apartment Conditions

September 23, 2016    

Landlord sued former tenant to recover five months’ unpaid rent. Tenant claimed breach of the warranty of habitability and asked for a setoff. Landlord presented documentation that violations were cured, and...

Tenant Gets 35 Percent Rent Cut for Mold Condition

August 18, 2016    

Landlord sued to evict tenant for failing to sign a renewal lease. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent owed. Landlord sought eviction when tenant failed to pay....

Tenant Gets Limited Discovery Concerning Claimed Chemical Fume Condition

April 26, 2016    

Landlord sued to evict tenant for nonpayment of rent. Tenant withheld rent to pressure landlord to remedy an odor and chemical fume condition that tenant claimed existed in and around the apartment. Tenant said that...

Co-op Shareholder Tenant Gets 100 Percent Rent Abatement for Smoke Infiltration

April 26, 2016    

Co-op shareholder tenant sued co-op corporation for failing to remedy a secondhand smoke condition in her apartment. She claimed that the smoke caused her to suffer tightness in her chest, coughing, headaches, and...

Tenant Gets 15 Percent Rent Abatement for Lack of Gas Service

March 23, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent at $3,081 per month. Among other things, tenant claimed breach of the warranty of habitability based on lack of gas service for several months. The...

Tenant Gets 25 Percent Rent Abatement

December 21, 2015    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for tenant in part and awarded some rent abatement for breach of the warranty of habitability. Tenant appealed and won, in part. The appeals...

Tenant Gets Rent Abatement for Ceiling Leaks

November 24, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that, despite landlord’s attempts at repair, recurring roof leaks caused her bathroom ceiling to collapse several times and caused water...

Tenant Gets Rent Abatement for Mold and Mildew

November 24, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent, and landlord...

Tenant Gets 60 Percent Rent Abatement for Apartment Conditions

October 20, 2015    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court.  By the time of trial, tenant owed $5,000 and claimed there were conditions in the apartment that...