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    Alistair D. Edwards

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    LANDLORD-TENANT: Apartment Tenant May Have Claim for Breach of Implied Warranty of Habitability Based on Another Tenant's Harassing Behavior

    Posted by Alistair D. Edwards on Mon, Jul 6, 2015 @ 15:07 PM

    The Lawletter Vol 40 No 5

    Alistair Edwards, Senior Attorney, National Legal Research Group

          Recently, in Francis v. Kings Park Manor, Inc., No. 14-cv-3555 (ADS)(GRB), 2015 WL 1189579 (E.D.N.Y. signed Mar. 16, 2015), the U.S. District Court for the Eastern District of New York held that an African-American apartment resident had a plausible claim for breach of the implied warranty of habitability based on the harassing behavior of a next-door neighbor tenant. In that case, the plaintiff's next-door neighbor, among other things, repeatedly made racially offensive comments and threats to the plaintiff, which conduct led at one point to the neighbor's arrest for aggravated harassment. Despite the plaintiff's complaints to the property management company in charge of the apartment complex, the management company took little action to address the plaintiff's complaints.

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    Topics: property law, Alistair D. Edwards, habitability, breach of implied warranty, harassing behavior, landlord-tenant, The Lawletter Vol 40 No 5

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