WARRANTY OF HABITABILITY

Tenant Gets 40 Percent Rent Abatement for Apartment Conditions

December 23, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant, who had three minor children, claimed breach of the warranty of habitability and requested a rent abatement. The court ruled for tenant...

Tenant Who Didn't Cite Any Conditions Can't Claim Breach of Warranty of Habitability

November 24, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and that landlord waited too long to seek the substantial amount of back rent claimed due. Landlord asked...

Tenant's Agreement to Share Cost of Bedbug Extermination Void

September 21, 2014    

Landlord sued tenant, claiming that tenant had agreed to split the cost of bedbug extermination and related expenses incurred by landlord in connection with tenant's apartment. The court granted tenant's...

Tenant Gets 20 Percent Rent Abatement for Repairs

August 15, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant had begun withholding rent after landlord failed to make repairs and tenant complained to HPD. Landlord didn't make repairs for almost a year. Tenant...

Tenant Gets 25 Percent Rent Abatement

August 15, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed breach of the warranty of habitability and rent overcharge. The court ruled for tenant. Landlord was on notice of...

Tenant Gets 80 Percent Rent Abatement for Uncorrected Violations

June 17, 2014    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed back rent for the period between January 2011 and November 2013. Tenant claimed that apartment conditions breached the warranty...

Tenant Gets $6,000 Rent Abatement for Apartment Conditions

May 13, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent totaling $18,000, at $620 per month. Tenant denied the charge and claimed breach of the warranty of habitability, laches, and improper building...

Tenant Doesn't Provide Access

March 20, 2014    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord, awarding it possession and rent arrears totaling $3,400. Tenant appealed and lost. The court had awarded tenant some rent abatement...

Tenant Fails to Prove Breach of Warranty of Habitability

February 17, 2014    

(Decision submitted by David M. Berger, Esq. of the Brooklyn law firm of Tenenbaum Berger & Shivers LLP, attorneys for the landlord.)

Tenants Attempt Class Action Based on Superstorm Sandy Damage

January 13, 2014    

Tenants filed a proposed class action against all New York State landlords and their managing agents, seeking rent rebates for violations of the warranty of habitability caused by Superstorm Sandy, as well as claims...

Tenant Gets Full Abatement for Constructive Eviction Period

January 13, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. The court ruled against landlord and for tenant, dismissed the petition, and...

Construction Noise Didn't Breach Warranty of Habitability

November 18, 2013    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $58,000 in back rent, which included $4,200 in late fees. In response, tenant claimed breach of the warranty of habitability,...