A landlord started a nonpaymenteviction action in Town Court, Westchester County.The tenant’s rent had been partially paid by a subsidy under the Section 8 program. She did not pay her share of the rent for four months. The tenantargued the arrears should be eliminated or significantly reduced by an abatement during eighty-one days ofa bedbuginfestation.

New York Real Property Law §235-b mandates that in every written or oral residential lease, landlords warrant that the leased premisesare fit for human habitation andthe uses reasonably intended by the parties and that the occupants shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. TheNew York Court of Appeals has held that:

(1) landlords are responsible for maintaining the leased premises in decent condition even if the problems are not caused by their negligence;
(2) the tenant’s obligation to pay the rent is conditioned upon the landlord’s keeping the premises habitable;
(3) the tenant does not have to move out in order to claim that the warranty has been breached;
(4) the standard for determining whether the premises are habitable is the expectations of a reasonable person;
(5) the tenant’s damages neednot be precisely determined; and,
(6) expert testimony is not required to prove breach of the warranty.

The landlordoffered no testimony disputing the existence or extent of the infestation.The court found that the Section 8 program corroboratedthe tenant’s testimony regarding the infestation, noting the premises was not in compliance with federal housing quality standards due to bedbugs. Therefore, the court ruled that the tenant proved the infestation of the premises was a breach of the warranty of habitability.

In determining the amount of an abatement, the court may consider the severity of the adverse conditions, the period of time during which those conditions existed and their impact on the tenant’s living habits as well as the effectiveness of the landlord’s attempt to remedy them.

If you are a landlord in Rochester and have legal issues, why not speak to a Landlord Attorney in Rochester at no cost.Call me at 585-484-7432.