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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)

Citation
Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)
Parent Document
Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)
Jurisdiction
New York (state)
Effective Date
1982-04-19

Other Sections in This Document (59)

Full Text

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In this action for nonpayment, petitioner landlord affirmatively puts forth the argument that Federal law preempts a State court from adjusting rent increases approved by HUD. The landlord petitioner’s second argument, put forth defensively in response to the tenants’ counterclaim of a breach of the warranty of habitability, argues that alleged deficiencies in services and conditions, even if substantiated, do not reach the level of a breach of the implied warranty of habitability. The respondent tenants’ polemical powers are spent interpreting all available data on the boundaries and limitations of the warranty of habitability and applying those interpretations favorably to the present situation. As a result of this alleged breach, the tenants seek a rent abatement. THE PRE-EMPTION ARGUMENT