light and ventilation complaints (Sutton Fifty-Six Co. v. Fridecky, 93 AD2d 720, 461
NYS2d 14 (1st Dept. 1983), odor complaints (Kekllas v. Saddy, 88 Misc 2d 1042, 389
NYS2d 756 (Dist. Ct. 1976), plumbing complaints such as flooding or leaking (Century
Apartments, Inc. v. Yalkowsky, 106 Misc 2d 762, 435 NYS2d 627 (City Civ. Ct. 1980);
McBride v. 218 E. 70th Street Associates, 102 Misc 2d 279, 425 NYS2d 910 (App. Term
1979)), stove complaints (Whitehouse Estates, Inc. v. Thomson, 87 Misc 2d 813, 386
NYS2d 733 (City Civ. Ct. 1976), vermin complaints (Town of Islip Community
Development Agency v. Mulligan, 130 Misc 2d 279, 496 NYS2d 195 (Dist. Ct. 1985) and
the like, that render the Premises not fit for human habitation.
In the instant action, the Tenant testified that the majority of the problems within the
Premises were regarding paint chips and bubbles, rust around the drains in the bathroom sink and
tub, some damaged wood around the window sill and kitchen sink and other similar items
enumerated in Respondent's Exhibit "C".
Notwithstanding Tenant's testimony that the above conditions at the Premises existed since
that date Tenant moved in, which was some time in late August 2007, the Tenant for the first
time sent written notice to the Landlord on April 17, 2009, over a year and a half after Tenant
took possession complaining of the conditions. When the Tenant was asked on
cross-examination why he waited so long to notify the Landlord, the Tenant responded that he
had placed over a dozen phone calls to Marisa Devito during this period of time, which calls
were never returned and then one day he found a letter in his mail box from another tenant,
which was not signed, contained no address where it came from or who it was addressed to