By state statute, known as the "warranty of habitability," all residential tenants are protected from conditions that are "dangerous, hazardous or detrimental to their life, health or safety." This law applies not only to the areas leased or rented by the tenant, but to all other areas "used in connection therewith in common with other tenants."*
When such "violations" exist, tenants may seek an offset or "abatement" of any rent claimed to be due by the landlord. And, depending on the severity of the conditions extant, these reductions can be considerable.
By way of example, in 360 W. 51st Realty, LLC v. Cornell, as a result of demolition and debris removal work underway at the building in which she lived, Brenda Cornell's apartment became contaminated with "metallic dust and fungi."
Although the owner was advised of the "deleterious" impact the construction was having on the tenant's health, the landlord was completely unresponsive. As a result, when the owner later sued for the rent, the New York County Civil Court awarded the tenant a $17,500 recovery.
On appeal, the Appellate Term, First Department, affirmed the abatement, observing as follows:
The record shows that tenant promptly notified landlord of the deleterious health effects caused by its construction, and, as the trial court expressly found, landlord "did absolutely nothing to examine her complaint or acknowledge the possibility of a problem or call in an expert to evaluate the situation ...." The abatement award, though substantial, was warranted in light of the serious nature of the apartment conditions shown to exist.
To download a copy of the Appellate Term's decision in 360 W. 51st St. Realty, LLC v. Cornell, please use the following link: http://www.nycourts.gov/reporter/3dseries/2007/2007_27028.htm
--------------------------
*Real Property Law section 235-b provides as follows:
1. 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. When any such condition has been caused by the misconduct of the tenant or lessee or persons under his direction or control, it shal not constitute a breach of such covenants and warranties.
2. Any agreement by a lessee or tenant of a dwelling waiving or modifying his rights as set forth in this section shall be void as contrary to public policy.
3. In determining the amount of damages sustained by a tenant as a result of a breach of the warranty set forth in the section, the court; (a) need not require any expert testimony; and (b) shall, to the extent the warranty is breached or cannot be cured by reason of a strike or other labor dispute which is not caused primarily by the individual landlord or lessor and such damages are attributable to such strike, exclude recovery to such extent, except to the extent of the net savings, if any, to the landlord or lessor by reason of such strike or labor dispute allocable to the tenant's premises, provided, however, that the landlord or lesser has made a good faith attempt, where practicable, to cure the breach. (c) Where the premises is subject to regulation pursuant to the localemergency housing rent control law, the emergency tenant protection act of nineteen seventy-four, the rent stabilization law of nineteen hundred sixty-nine or the city rent and rehabilitation law, reduce the amount awarded hereunder by the total amount of any rent reduction ordered by the state division of housing and community renewal pursuant to such laws or act, awarded to the tenant, from the effective date of such rent reduction order, that relates to one or more matters for which relief is awarded hereunder.