Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
Scott Mollen discusses 'Coldenham LLC v. Maldonado,' 'Pomona Country Club v. Escoffery,' and 'Davies v. S.A. Dunn & Co.'
November 16, 2021 at 01:38 PM
18 minute read
Landlord-Tenant—COVID-19 Hardship Declaration—Tenant Engaged in Unreasonable Behavior Substantially Infringing On Other's Use and Enjoyment and Caused Safety Hazards to Others—Tenant Financial Hardship Defense Failed Because Tenant Engaged in Unreasonable Behavior—Breach of Warranty of Habitability Defense Failed—Tenant Substantially Contributed to Condition of Premises by Unreasonably Refusing Access To Allow Remedial Work
The petitioner owns a two-family home. The tenant lived in a second-floor apartment for more than four years. "A," a witness for the landlord, lived in the first-floor apartment for approximately 20 years. The landlord had commenced the proceeding, alleging non-payment of rent. The landlord served an additional petition alleging that the tenant had "engaged in unreasonable behavior that substantially infringes on the use and enjoyment of other tenants or caused a substantial safety hazard to others."
The tenant filed a Declaration of COVID Hardship (hardship). The court held a "combined hearing and trial to ascertain the validity of the … hardship" and the "merits of the nuisance claim and the underlying claim for possession."
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