WARRANTY OF HABITABILITY

Landlord Held in Contempt for Failing to Make Repairs

October 13, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. HPD inspected the apartment and found a number of defective conditions. Landlord agreed, among other things...

Landlord Can't Sue Builders for Breach of Implied Housing Warranty

August 9, 2013    

Landlord cooperative corporation sued construction manager and general contractor, claiming breach of contract for apartment building renovation, breach of the implied housing warranty, and related claims. The...

Tenant Gets 70 Percent Rent Abatement After Superstorm Sandy

June 13, 2013    

Landlord sued to evict Far Rockaway tenants in January 2013 and claimed that they owed rent of $1,200 per month for the months of July 2012 through February 2013. Tenants moved out in February 2013. They disputed the...

Tenant Gets 17 Percent Rent Abatement

May 16, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant stopped paying rent in March 2011, and landlord claimed that $22,568 was outstanding to date and that tenant's monthly rent due was $1,...

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

May 15, 2013    

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,...

Tenant Proves Mouse Infestation and Contaminated Water

May 13, 2013    

Landlord brought a holdover proceeding to evict tenant based on nonpayment of rent. The court ruled for landlord and found that tenant owed $18,000 in back rent. Tenant appealed, claiming that landlord should have...

Tenant Doesn't Prove Breach of Warranty of Habitability

April 10, 2013    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant, in turn, claimed a breach of the warranty of habitability and harassment. Tenant sought a 50 percent rent abatement for a six-month period...

New Trial Needed on Tenant's Noise Complaint

April 10, 2013    

Rent-stabilized tenant sued landlord for breach of the warranty of habitability, claiming that she was forced to endure unreasonable noise from the apartment upstairs. The court ruled for tenant and awarded her $3,...

Tenant Was Constructively Evicted

January 13, 2013    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that the apartment was uninhabitable. The court ruled for tenant, finding that tenant was constructively evicted from April 1, 2008, through July...