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to eliminate illness-causing airborne contaminants from the premises due to the persistent
water intrusion, excessive dampness, and prolonged saturation of indoor building
materials; permitting dilapidated and/or stained and peeling paint on walls and ceiling;
and failing to provide operable and locking windows and doors which were watertight or
weather proofed. And the result was that defendants failed to perform under the rental
agreement in various ways, including that they “a. Breached the warranty of habitability
by not making the needed repairs; [¶] b. Failed to maintain the Subject Premises in a safe
and habitable condition; [and] [¶] c. Denied Plaintiff’s peaceable quiet enjoyment of the
Subject Premises.”
Following all that, Moriarty alleged this:
“56. Defendants, and each of them, endeavored to recover possession of the
Subject Premises in bad faith through unlawful harassment and other means, including
but not limited to the following actions:
“a. Refusing to perform effective repairs of the severely dilapidated conditions
which rendered the Subject Premises uninhabitable;
“b. Demanding rent while the Subject Premises was in a condition of severe
dilapidation and disrepair;
“c. Seeking to force Plaintiff to vacate the Subject Premises by permitting the
Subject Premises to fall into and/or remain in a condition that was substandard,
untenantable and a threat to the health and safety of Plaintiff, and any occupants, in an
effort to recover possession of the rent controlled unit.
“d. Seeking to coerce Plaintiff to not assert his legal right through intimidation,
and harassment,
“e. Refusing to return possession of the Premises to Plaintiff after the completion
of repairs and remediation.”
All this caused Moriarty to “suffer severe physical, mental, and emotional pain,
injury and distress, including, but not limited to, respiratory distress, nervousness,
fatigue, embarrassment, humiliation, discomfort, exacerbation and annoyance . . . .”