WARRANTY OF HABITABILITY

No Rent Abatement for Second-Hand Smoke Claim

September 24, 2015    

Landlord sued to evict rent-stabilized tenant for...

No Maintenance Abatement for Co-op Tenant Who Made Her Own Repairs

August 24, 2015    

Landlord cooperative corporation sued to evict tenant shareholder for unpaid maintenance. Tenant in turn claimed breach of the warranty of habitability. The court ruled for landlord and granted a judgment for $45,000...

No Rent Abatement Where Tenant Refused Access for Repairs

August 18, 2015    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and found that tenant owed $4,550. Tenant appealed, claiming that there were apartment conditions that required repair. The appeals...

Tenant Can Raise Habitability Claim Despite "Commercial" Tenancy

August 18, 2015    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord without a trial and dismissed tenant’s counterclaim for rent abatement based on apartment conditions. Tenant appealed, and the...

Insufficient Proof of Second-Hand Smoke

August 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on second-hand smoke coming from the upstairs apartment. The court ruled against...

Tenant Gets Rent Abatement for Apartment Conditions

July 22, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part. From August through November 2014 there were rent-...

Tenant Gets 35 Percent Rent Abatement for Water Damage

June 16, 2015    

Landlord sued to evict tenant for nonpayment of rent,...

No Proof Tenant Advised Landlord of Apartment Conditions

April 23, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and dismissed tenant's claim. Tenant appealed and lost. The trial court...

Tenant Gets 15-20 Percent Rent Abatement for Roof Leaks

March 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement.

Tenant Gets 30 Percent Rent Abatement for Mold and Leaks

February 17, 2015    

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked the court to grant a 30 percent rent abatement based on apartment conditions. At a...

Tenant Gets Rent Abatement for Non-Working Fireplace

February 17, 2015    

Landlord sued to evict tenant for nonpayment of rent. Monthly rent was $16,500 and by the time of trial, landlord claimed that tenant owed over $99,000. Tenant asked for a rent abatement for breach of the warranty of...

Tenant Gets 100% Rent Abatement

January 26, 2015    

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and granted her a 100 percent rent abatement through Dec. 31, 2014....