replace the broken front door lock on three or four different occasions. Mr. Castillo
testified that the Premises were "the only place [where the] lock is broken." According to
Seecharan and Castillo, all of the violations were repaired in May 2014, including the
replacement of doors, the repair of the windows and wood floors, the repair of the
bathroom, the plastering and painting of the walls and ceilings, and the installation of a
smoke/carbon monoxide alarm.
At the conclusion of the hearing, the Court afforded counsel the opportunity
to obtain the hearing transcript, submit post-hearing memoranda and reserved decision
on August 6, 2014. Only Tenant's counsel submitted an undated Post-Trial Memorandum
of Law on September 16, 2014, wherein she seeks an abatement of $11,488.16 for all the
months of serious conditions at her Premises, and reasonable counsel fees.
II.
Real Property Law § 235-b(1), entitled Warranty of Habitability,
provides in pertinent part:
In every written or oral lease or rental agreement for residential premises
the landlord or lessor shall be deemed to covenant and warrant that the premises so
leased or rented and all areas used in connection therewith in common with other tenants
or residents are fit for human habitation and for the uses reasonably intended by the
parties and that the occupants of such premises shall not be subjected to any conditions
which would be dangerous, hazardous or detrimental to their life, health or
safety.
This implied warranty protects "against conditions
that materially affect the health and safety of tenants or deficiencies that in the eyes of a
reasonable person * * * deprive the tenant of those essential functions which a residence
is expected to provide" (Solow v Wellner, 86 NY2d 582, 588 [1995], quoting