warranty of habitability, in that tenants shall not be subjected to any conditions, which would be
dangerous, hazardous or detrimental to their life, health or safety. Landlords have a legal
obligation to provide tenants with a safe and habitable living space, ensuring the property is
structurally sound, has functioning plumbing and electricity, and is free from health hazards. This
obligation is a fundamental part of New York State Landlord Tenant Law and applies even if it is
not explicitly written in a lease.
The proper measure of damages for a breach of warranty of habitability is the difference
between the rent and the value of the premises during the period of the breach, Avignone v
Valigorski, 70 Misc 3d 905 [NY City Ct 2020].
Petitioners testified to having sewage water in the garage since move-in, which flooded the
adjacent laundry room and was not repaired until July 2025, when plumbers snaked out the drain.
Petitioners also testified they were without a working stove for the first three months of their
tenancy as well as a nonfunctional refrigerator for over a year, which failed to keep food cold
until finally replaced in December 2025. Petitioners also testified regarding the deteriorating
condition of the entryway stairs, which were not repaired until September 9, 2025, and only after
filing of the 7D action. Petitioners stated that the heating and A/C system stopped working in
August 2025, and although it was later repaired, there has yet to be a replacement filter installed
on the furnace as was recommended and the bedrooms are still not heated properly.
Petitioners also provided evidence that there are holes in the walls and dining room ceiling
which have been there from the time they moved in. They testified that their request to fix the