Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Leris Realty Corp. v. Robbins, 95 Misc. 2d 712 (1978)

Citation
Leris Realty Corp. v. Robbins, 95 Misc. 2d 712 (1978)
Parent Document
Leris Realty Corp. v. Robbins, 95 Misc. 2d 712 (1978)
Jurisdiction
New York (state)
Effective Date
1978-02-17

Full Text

1,790 chars
The owner contends that there should be no abatement of the rent because of the failure to provide heat and hot water since the failure was occasioned by the owner’s good faith replacement of the boiler. The owner shut down the old boiler and installed a new boiler at a cost of almost $27,000. The landlord errs. Failure to provide heat and hot water for 31 days manifestly constitutes a breach of the warranty of habitability. The cessation of these services was deliberate. Although the landlord wanted to ensure a constant supply of heat and hot water over the winter, it also wanted to replace the old unit with a new and more efficient unit so as to hold down fuel costs. Although the installation may have been started as promptly as the supplier could provide a new unit, the owner might, with greater forethought, have planned to have the new unit installed over the summer months, when heat is not required. More importantly, section 235-b speaks in unqualified terms of the convenant and warrant of the lessor to provide premises fit for human habitation without subjecting the occupants to conditions which "would be dangerous, hazardous or detrimental to their life, health or safety.” The only exception set forth in the statute is that "[w]hen any such condition has been caused by the misconduct *715of the tenant or lessee or persons under his direction or control, it shall not constitute a breach of such covenants and warranties.” This court will not add another exception so as to vitiate the effect of this remedial statute that was designed to provide tenants with some assurance of compliance by lessors with minimum standards of decency. Tenants are no longer required to assume all risks as to the condition of the apartment they rent. (NY Legis Ann, 1975, p 437.)