Skip to main content

68 Misc. 2d 679

Citation
68 Misc. 2d 679
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed
Effective Date
1971-12-08

Full Text

1,612 chars
The Spiegel Law was “ designed to operate as an effective weapon in the fight against slum housing in general ” (Matter of Farrell v. Brew, 19 N Y 2d 486, 490). Disregarding the applicability of that statute to these premises and assuming that the rent paid was grossly excessive, there was the existence of consideration for the rental agreement, which must be distinguished from the question of its value. ‘ ‘ No court or writer has maintained that the validity of a contract depends upon an objective equality of advantage or values. ’ ’ (Matter of Affiliated Coat & Apron Supply Co. [Laundry Workers Joint Bd. ], 153 N. Y. S. 2d 970, 976, affd. without opn. 2 A D 2d 671.)
Chapter 52 of the Code of the City of Rochester provides for enforcement procedures contained in the Building Code and Property, Rehabilitation and Conservation Code, among which is an action for injunctive relief by the head of the city department charged with this enforcement. This remedy is unavailable to the plaintiffs.
Garcia v. Freeland Realty (63 Misc 2d 937) and Amanuensis, Ltd. v. Brown (65 Misc 2d 15), cited by the plaintiffs in support of a principle of implied warranty of habitability, are decisions of the Civil Court of the City of New York which concerned tenants who came under the Multiple Dwelling Law. These are inapposite, as Garcia involved a tenant who sought to be reimbursed by his landlord for materials furnished and labor performed by him in connection with the plastering and painting of two rooms in his apartment, and Amenuensis was a proceeding commenced by the landlord for the nonpayment of rent.