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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Charles v. 751 Union St., LLC (2019)

Citation
Charles v. 751 Union St., LLC (2019)
Parent Document
Charles v. 751 Union St., LLC (2019)
Jurisdiction
New York (state)
Effective Date
2019-11-29

Full Text

1,117 chars
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 to be done and then recoup the reasonable cost of those repairs (see Katurah Corp. v Wells, 115 Misc 2d 16, 17 [App Term, 1st Dept 1982] ["After tenant affords landlord due notice of a condition falling within the scope of the warranty of habitability, and upon landlord's failure to remedy same, the tenant may undertake to remedy that condition and is entitled under the warranty (of habitability) to recoup from the landlord the reasonable cost incurred in remedying the habitability impairing condition"]; see also Missionary Sisters of Sacred Heart v Meer, 131 AD2d 393, 397 [1987]). The burden of proof is on the tenant to prove the breach of the warranty of habitability and that the landlord willfully refused to make required repairs (see Katurah Corp. v Wells, 115 Misc 2d at 17; 13 E. 9th St., LLC v Seelig, 63 Misc 3d 1218[A], 2019 NY Slip Op 50582[U] [Civ Ct, NY County 2019]; see also Missionary Sisters of Sacred Heart, 131 AD2d at 397).