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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)

Citation
520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
Parent Document
520 East 86th Street, Inc. v. Leventritt, 127 Misc. 2d 566 (1985)
Jurisdiction
New York (state)
Effective Date
1985-03-11

Other Sections in This Document (25)

Full Text

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The only meaningful weapon a tenant has against a landlord for refusing to maintain the premises in a habitable condition is to withhold rent. If a tenant fears that withholding rent could cause lease termination automatically, a tenant would be deterred from asserting a breach of the warranty of habitability. (Ruppert House Co. v Altmann, 127 Misc 2d 115 [Civ Ct, NY County 1985, Saxe, J.].) If such a lease provision were upheld as valid, a tenant would be deterred from lawfully withholding rent for a breach of warranty of habitability because the risk in doing otherwise would be too great: an eviction and loss of all stock interest in the cooperative corporation.