Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Appellate Term, First Department
County
Bronx County (Bronx)
Slip Opinion Number
2026 NY Slip Op 51747(U)
Petitioner
Lafayette Nelson Apartments, LLC
Respondent
Jose Perez
Judge
Tisch, J.P.; Perez, J.; Alpert, J.; Bryan, David J. (Hous Ct, lower court)
Decision/Order Date
2026-10-20
Posture
Post-Trial Motion by Landlord
Disposition
Judgment for Landlord
Winner
Landlord Substantially Won
Synopsis
App Term 1st affirms lower court post-trial order finding that tenant did not make himself or his apartment available for repairs, defeating his warranty-of-habitability defense. The appellate court accords due deference to lower courts on matters of credibility, and upholds the determination.
Keywords
Warranty Of Habitability; Rent Impairing Violations; No Abatement Where Tenant Did Not Make Apartment Available For Repairs; Due Deference Accorded To Lower Court In Matters Of Credibility Upon Appeal
Recommended Citation
"Lafayette Nelson Apts., LLC v. Perez" (2026). All Decisions. 2501.
https://ir.lawnet.fordham.edu/housing_court_all/2501
