Showing 21–40 of 887 results
precluded from asserting counterclaims for damages for its alleged loss of income, legal fees, breach of warranty of habitability, and repair costs
following affirmative defenses : (1) Landlord owes respondent money, rent overcharge, rent abatement ; (2) respondent paid for repairs or services;(3) warranty of habitability (4) general denial; (5) harassment and counterclaim for harassment and repairs. The premises are subject to rent
make specified repairs, tenant's answers to the 2010 and 2011 petitions did not assert any habitability or repair claim. Rather, in the 2010 proceeding, tenant's answer stated that a portion of the rent had already been paid
lessee’s responsibility to keep the interior walls, floors and ceil- ings of the apartment in good repair. The implied warranty of habitability cannot similarly be waived or modified by contract (see Real Property Law § 235-b [2]), and, thus
therefore mitigated damages while the Apartment remained uninhabitable. After April 2016, when the Corporation completed the repairs, the Apartment was again habitable and the abatement ceases. Though at least one leak occurred after those repairs, it was quickly remedied upon
three-year certificate after the Court appearance on December 16, 2025. Respondent argued that there were no repairs made regarding the habitability issues because Petitioners did not allow access to the property to make such repairs. Respondent provided undated
Upon placement of the property into REAP, the Department may make a determination of the estimated cost to repair the habitability violation. At any time prior to the accumulation of funds in the escrow account, which equals the estimated repair
access to the apartment in order to correct the alleged mold problem." When a landlord has willfully refused to repair habitability impairing conditions (see Real Property Law § 235-b), tenants have a right to arrange for those repairs
officers of any town or city or their designee may provide for basic necessities and any repair activities to ensure the continued habitability of any premises leased for human habitation. For the purposes of this section, "basic necessities" means those
petitioner made the repairs. At the hearing, petitioner's counsel acknowledged that petitioner is obligated to make repairs and maintain habitable and safe living conditions in respondent's apartment under the lease, the building code of the City of Mount
rent involving the same time period, and all have raised identical defenses, including breach of the warranty of habitability, repair and setoff, payment, res judicata and collateral estoppel. Put simply, these 23 respondents are apparently engaged in a concerted rent
precluded from asserting counterclaims for damages for its alleged loss of income, legal fees, breach of warranty of habitability, and repair costs in this summary proceeding, respondent is not deprived of a remedy. It is merely relegated to asserting these
11/30/97.) A. Any landlord of an apartment house who has been issued an Order to Repair for habitability violations that also violate Section 1941.1 of the California Civil Code or for fire, life safety violations and is 45 or more
Settlement, wherein Tenant consented to the entry of final judgments and payment schedules, without any mention of habitability or repairs issues. It was only after Tenant's subsequent Order to Show Cause asking for more time to pay based
lacked the financial wherewithal to cover the rent, not because she was withholding the rent due to habitability or repairs issues. Supporting its arguments, Landlord provides documentary evidence and an affidavit from the Premises agent, Ivette Moss, who affirms, among
lieu of existing common law and other statutory law warranties and duties of landlords for maintenance, repair, security, habitability, and nonretaliation, and remedies of tenants for a violation of those warranties and duties. Otherwise, this subchapter does not affect
three timely legal proceedings which could be relied upon by Landlord were either settled by stipulations containing repair and habitability issues or concluded after discontinuances. Hence, Tenant asserts that Landlord cannot characterize her as chronically delinquent and the Petition should
this proceeding, nor on the other legal proceedings which were either settled by Stipulations of Settlement and/or containing repairs and habitability issues. In sum, Tenant argues that Landlord cannot characterize her as chronically delinquent and that the Petition should
Supreme Court Action was litigated, and the understanding was that Respondents' claims regarding breach of warranty of habitability and for repairs would be litigated in the context of the Supreme Court Action. Further evidence that Respondents understood the dismissal
violations; breach of the warranty of habitability; rent abatement, repair costs, etc. Petitioner contends that respondent waived its jurisdictional defenses by bringing unrelated counterclaims, and seeks an order striking respondent's jurisdictional defenses and counterclaims and setting this matter