Hyman v. Able & Ready Appliance Repair Corp., 2021 NY Slip Op 02247 (2021)

Hyman v. Able & Ready Appliance Repair Corp., 2021 NY Slip Op 02247 (2021) New York state

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 ---

Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003)

Graham Court Owners Corp. v. Powell, 196 Misc. 2d 825 (2003) New York state

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...

§ 400

Childs v. Purll, 882 A.2d 227 (2005) DC municipal

§ 400.4. "No person shall rent or offer to rent any habitation, or the furnishings of a habitation, unless the habitation and its furnishings are in a clean, safe, and sanitary condition, in repair, and free from rodents or vermin...

§ 42

Hum v Duda Final Order, No. TP-29461 (D.C. Off. Admin. Hr'gs) DC municipal

habitation, and shall keep each lock in good repair. Each lock shall be capable of being locked from inside and outside the habitation." 14 DCMR 607.2.

§ 16-1124

Demisse v. Aldon Management Corp. (2020) United States federal

habitability when it “failed to repair the problems in the apartment, including unauthorized control

Charles v. 751 Union St., LLC (2019)

Charles v. 751 Union St., LLC (2019) New York state

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...

§ 17200

Peviani v. Arbors at California Oaks Property Owner (2021) California state

buildings in a condition that make them fit for human habitation and to “ ‘repair all

Vladyka v. Marsh (2010)

Vladyka v. Marsh (2010) Vermont state

proper repairs and provide her with a habitability premises, as was his responsibility as

Demisse v. Aldon Management Corp. (2020)

Demisse v. Aldon Management Corp. (2020) United States federal

habitability,” is based on defendant’s failure to repair plaintiff’s apartment.

South Boston Elderly Residences, Inc. v. Moynahan (2017)

South Boston Elderly Residences, Inc. v. Moynahan (2017) Massachusetts state

Housing. Summary Process. Landlord and Tenant, Eviction, Rent, Repairs, Habitability, Reprisal against tenant, Consumer protection, Quiet enjoyment. Practice, Civil, Summary process, Abatement, Damages. Damages, Breach of implied warranty of habitability.

Grinberg v. Eissenberg (2017)

Grinberg v. Eissenberg (2017) New York state

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...

Lian v. Stalick, 115 Wash. App. 590 (2003)

Lian v. Stalick, 115 Wash. App. 590 (2003) Washington state

...Stalick’s “failfure] to exercise reasonable care to repair the condition was a violation of the implied warranty of habitability.” CP at 162-63. The RLTA provision relating to habitability partly states:

Section 2304

Brown v. Southall Realty Company, 237 A.2d 834 (1968) DC municipal

Every premises accomodating one or more habitations shall be maintained and kept in repair so as to provide decent living accomodations for the occupants. This part of the Code contemplates more than mere basic repairs and maintenance to keep out...

Lian v. Stalick, 62 P.3d 933 (2003)

Lian v. Stalick, 62 P.3d 933 (2003) Washington state

...Stalick's "fail[ure] to exercise reasonable care to repair the condition was a violation of the implied warranty of habitability." CP at 162-63. The RLTA provision relating to habitability partly states:

Grinberg v. Eissenberg (2017)

Grinberg v. Eissenberg (2017) New York state

...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...

Section 2304

Brown v. Southall Realty Company, 237 A.2d 834 (1968) DC municipal

No persons shall rent or offer to rent any habitation, or the furnishings thereof, unless such habitation and its furnishings are in a clean, safe and sanitary condition, in repair, and free from rodents or vermin. Section 2501 of these...

§ 17200

Peviani v. Arbors at California Oaks Property Owner (2021) California state

habitability, negligence, public nuisance, and fraud in the existence of these conditions and failure to repair them.” b. Nuisance i. Procedural History

Section 1803

1041 20TH St., LLC v. Santa Monica Rent Control Bd., 250 Cal. Rptr. 3d 376 (2019) California state

...The staff report found that the 20th Street property was uninhabitable, the costs for repairs to bring the building to a habitable condition exceeded the maximum collectable rent, and the owner would not be able to repair the property to...

mackey v. sheldrake (2023)

mackey v. sheldrake (2023) Vermont state

The window pane and door seal issues are not matters that would support withholding of rent based on violation of the warranty of habitability. Tenants may request landlords to make those repairs, or make the repairs themselves and deduct the...

Mackey v. Sheldrick (2011)

Mackey v. Sheldrick (2011) Vermont state

The window pane and door seal issues are not matters that would support withholding of rent based on violation of the warranty of habitability. Tenants may request landlords to make those repairs, or make the repairs themselves and deduct the...