Showing 1–20 of 77 results
...tenant is occupying a rented home, until ownership is transferred, and that the manufactured home park owner and operator shall be responsible for compliance with the warranty of habitability, including but not limited to all major repairs and capital improvements.
...any health or safety law, regulation, code, or ordinance, the warranty of habitability under section two hundred thirty-five-b of this article, the duty to repair under sections seventy-eight, seventy-nine, and eighty of the multiple dwelling law...
...any health or safety law, regulation, code, or ordinance, the warranty of habitability under section two hundred thirty-five-b of this article, the duty to repair under sections seventy-eight, seventy-nine, and eighty of the multiple dwelling law...
...enforce any rights under the lease or rental agreement, the warranty of habitability under section two hundred thirty-five-b of this article, the duty to repair under sections seventy-eight, seventy-nine, and eighty of the multiple dwelling law...
...agents any rights under the lease or rental agreement, the warranty of habitability under section two hundred thirty-five-b of this article, the duty to repair under sections seventy-eight, seventy-nine, and eighty of the multiple dwelling law...
Plaintiff's contention that she should be entitled to withhold the payment of common charges during the pendency of the action based on a purported violation of the warranty of habitability, is unpersuasive. The statutory warranty of habitability prescribed by...
Plaintiff's contention that she should be entitled to withhold the payment of common charges during the pendency of the action based on a purported violation of the warranty of habitability, is unpersuasive. The statutory warranty of habitability prescribed by...
Hyman v. Able & Ready Appliance Repair Corp. 2021 NY Slip Op 02247 Date filed: 2021-04-13 Doctrine: habitability Source: https://www.courtlistener.com/opinion/4873844/hyman-v-able-ready-appliance-repair-corp/ --- 010combined ---
Hyman v. Able & Ready Appliance Repair Corp. 2021 NY Slip Op 02247 Date filed: 2021-04-13 Doctrine: habitability Source: https://www.courtlistener.com/opinion/4873114/hyman-v-able-ready-appliance-repair-corp/ --- 010combined ---
Specifically, the first counterclaim of “repair and deduct” goes hand-in-hand with the defense of warranty of habitability, respondent’s fourth affirmative defense. Respondent argues that seeking an offset for repairs she undertook due to conditions that affect her...
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...
The implied warranty of habitability cannot similarly be waived or modified by contract (see Real Property Law § 235-b [2]), and, thus, a tenant may be entitled to be reimbursed by the landlord for repairs the tenant makes to the...
...In my opinion, plaintiff never asserted a claim for breach of the implied warranty of habitability [*3]either in his complaint or at oral argument, but rather confined his challenge to the quality of the repairs.[FN1] Even if such...
...of habitability contained in Real Property *1151Law § 235-b applies only to residential tenants. (Id.) Accordingly, respondent’s counterclaim for breach of warranty of habitability is stricken by this court. Similarly, respondent’s counterclaim seeking damages for repair costs is...
...in retaliation for" good-faith complaints regarding health, safety, the warranty of habitability, or the duty to repair or "[a]ctions taken in good faith . . . to secure or enforce any rights" under to the lease, the warranty of habitability, or...
...habitability. I find that the credible evidence offered at the trial did not establish any abatable conditions in the respondent’s apartment. Similarly I find no proof that the respondent had given petitioner sufficient notice of his intention to repair...
The owner offered building records into evidence to establish' that there were few complaints from the tenant. These records were not dispositive for the testimony of building employees corroborated complaints and repairs not recorded in these files. WARRANTY OF HABITABILITY
...evaluate the repairs that were allegedly necessary, Real Property Law § 235-b provides, in pertinent part, "In determining the amount of damages sustained by a tenant as a result of a breach of the warranty [of habitability], the court . . . need...
...Respondent’s amended answer alleges the defense of breach of *82warranty of habitability and a counterclaim for damages to her apartment as a result of petitioner’s failure to make repairs.
The evidence presented by respondent in support of his counterclaim for breach of warranty of habitability begins in August 1999 with his fax, dated August 10, 1999, notifying petitioner about a leak in the bathroom ceiling. Respondent included a request...