A tenant may assert as a defense to the nonpayment of rent the doctrine of constructive eviction, even if he or she has abandoned only a portion of the demised premises due to the landlord's acts in making that portion of the premises unusable by the tenant.
The tenants occupied a loft pursuant to a commercial lease. The landlord filed suit against them for the nonpayment of rent. The tenant filed counterclaims comprising of a breach of the warranty of habitability and constructive eviction related to certain dangerous construction work and other conduct interfering with the tenants' ability to use and enjoy possession of their loft. The trial court entered judgment for the tenants awarding them with compensatory and punitive damages on their counterclaims and attorney's fees. On appeal, the appellate court found that the doctrine of constructive eviction did not provide a defense for the nonpayment of rent because the tenants had not abandoned the premises and reversed the decision, striking the punitive damages and ordering a new trial. The case was appealed to the Supreme Court of New York.
Was the doctrine of constructive eviction applicable as a defense?
The court reverted back to the order of the trial court, holding that (1) the tenants were allowed to assert the doctrine of constructive eviction as a defense to the nonpayment of rent when the abandoned a portion of the demised premises due the landlord's improper acts; (2) the record supported an award of punitive damages for the landlord's breach of the warranty of habitability; (3) the jury's award of an abatement of rent was improper as to the months in which the tenants had paid rent when the constructive eviction claim was asserted as a defense to the nonpayment of rent and the tenants did not request an abatement for any months other than those in which they did not pay rent; and (4) the award of attorney's fees was proper.