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petition was improper, a portion of the rent was paid, conditions in the Subject Premises that need repair, breach of warranty of habitability, laches, that the building was not properly [*2]registered and a general denial. The proceeding was originally
tenant, to secure or enforce any rights under the lease or rental agreement," the statutory warranty of habitability, the statutory duty to repair, or "any other law of the state of New York, or of its governmental subdivisions
warranty of habitability by failing to make repairs in accordance with applicable law. The following conditions continue to exist in the Premises: a. Painting and plastering needed throughout entire apartment; b. Kitchen cabinets needs are peeling - need to be painted
Single-Room Occupancy ("SRO") building; that, applying an income approach, if the subject premises was repaired so as to be habitable as an SRO building again and fully leased to rent-stabilized tenants at legal regulated rents, the value
danger from said building or part thereof has ceased to exist, or that said building has been repaired so as to be habitable.” It could not capriciously or unreasonably refuse to be satisfied where the facts plainly demand such
hour notice of eviction by regular and certified mail only and that petitioner violated its warranty of habitability by failing to do repairs upon the subject premises. It should be noted that in this order to show cause, brought
breach of the warranty of habitability; (8) counterclaim for an order directing petitioner to complete repairs; (9) counterclaim for breach of the warranty of habitability; (10) counterclaim for treble damages for rent overcharge; and (11) counterclaim for damages based
claims for other rent abatements are dismissed. In order to hold a landlord responsible for repairs pursuant to the warranty of habitability a tenant must give notice to the landlord Jangla Realty Co v. Gravagna, 112 Misc
deposit of rent or avoidance of civil penalties and injunctive relief, until violations are cured or repairs made, are used to compel habitable housing and rehabilitation. This process functions on a case by case building by building, daily basis
this nonpayment proceeding, tenant claimed that he withheld rent because landlord breached the warranty of habitability by failing to make certain repairs to his apartment. However, the proof at trial showed that tenant denied access to landlord's repairmen
settling the HP proceeding commenced on June 7th. The agreement obligated petitioner to make all necessary repairs that would render the apartment habitable
property damage. Defendant asserted counterclaims seeking damages for personal injuries, failure to provide proper repairs, breach of the warranty of habitability, loss of property and loss of time from work. After a nonjury trial, the Civil Court dismissed plaintiff
with the court (Kraus, J) and Respondent's answer was amended to include a request for repairs and breach of warranty of habitability. The court further directed that the proceeding be transferred to the Coop Part and set a trial
assertion that it was withholding monthly maintenance because of the alleged breach of the warranty of habitability and the failure to make repairs, this Court notes that the proprietary lease prohibits the withholding of rent on account
brought an action in Civil Court to compel plaintiff, the building’s owner, to make the repairs necessary to render their units habitable. In response, plaintiff commenced an action in Supreme Court against the tenants and HPD for a declaration
property and collected the rents. Although there are the usual landlord and tenant issues, including habitability, the alleged failure to make repairs and the obligation to pay rent, there is a question of authority to control and manage the trust
Wash. Realty LLC v Brenes, 2015 NY Slip Op 50286(U). Landlord and Tenant—Warranty of Habitability—Insufficient Notice to Landlord That Repairs Needed. (App Term, 1st Dept, Mar. 9, 2015) 254 567 W. 125th St. Realty, LLC v VJRJ
court is satisfied from the testimony that, indeed, there were conditions within the premises which required repairs and which breached the warranty of habitability. The court rejects the response and claim of the landlord that it failed to make
that such nuisances shall be abated. All persons now or hereafter living in an unusable habitation shall vacate the same and the owner shall repair the same or demolish it.” Building Code (§ 38.15). Responsibility for occupation. “ It shall be unlawful
Jury Instruction 2:106, Lessor's Liability Under Covenant to Repair; Multiple Dwelling Law §78, Repairs; Real Property Law §235-b, Warranty of Habitability; and Administrative Code of the City of New York, Housing Maintenance Code, §27-2005, Duties