Xie v 25 Fayette LLC

Civil Court of the City of New York, Kings County

Decided on April 27, 2026

Docket No. SC-003375-24/KI

Tehilah H. Berman, J.

Plaintiff seeks damages in the amount of $10,000. A trial on this small claims matter was held on March 23, 2026. Plaintiff had a lease agreement with defendant 23 Fayette Street ("defendant") for the apartment located on the first floor of 23 Fayette Street. Pursuant to the Lease Agreement, plaintiff paid $4,175 in monthly rent. Section 10 of the Lease Agreement provides: "Landlord shall be deemed to covenant and warrant that the premises so leased or rented and all areas used in connection therewith in common with other tenants or residents are fit for human habitation and for the uses reasonably intended by the parties and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety." Plaintiff testified credibly that for 90 days, between June 29 through September 27, 2024, his apartment was uninhabitable due to mold. Plaintiff demonstrated this condition with numerous photographs. Water poured through walls continuously during that time. His furniture was ruined. Plaintiff presented this court with a Notice of Issuance of Mold Violation, indicating that the Department of Housing Preservation and Development ("HPD") conducted an inspection and issued a Class B Violation for the presence of mold in his apartment. Defendant not dispute in his testimony that plaintiff's apartment had mold or that there was flooding. Defendant blamed Con Ed, contending that the flooding was caused by the Con Ed's construction work at a nearby location and admitted that they waited to fix the condition until the work was complete.

Section 10 of the Lease Agreement comports with Real Property Law Section 235-b(1), which implies a warranty of habitability in residential leases in New York. Pursuant to Real Property Law § 235-b, "every residential lease contains an implied warranty of habitability which is limited by its terms to three covenants: (1) that the premises are "fit for human habitation", (2) that the premises are fit for "the uses reasonably intended by the parties", and (3) that the occupants will not be subjected to conditions that are "dangerous, hazardous or detrimental to their life, health or safety."Solow v. Wellner, 86 NY2d 582, 587-588 (1995). This implied warranty "protects only against conditions that materially affect the health and safety of tenants or deficiencies that 'in the eyes of a reasonable person ... deprive the tenant of those essential functions which a residence is expected to provide." Id.

A landlord's obligation under the warranty of habitability to maintain the premises in a [*2]safe and habitable condition is nondelegable. Park West Management Corp. v. Mitchell, 47 NY2d 316, 327 (1979); Shackman v 400 E. 85th St. Realty Corp., 2019 NY Slip Op 51198(U); 2019 NY Misc. LEXIS 4092, *1 (Sup. Ct. NY Co. 2019). This includes when the unsafe condition is caused by the act of third parties. Park West Management Corp., supra, 47 NY2d at 327. Accordingly, defendant had a duty to maintain the subject premises in safe condition and to prevent flooding damages and mold caused by the Con Ed construction work. Defendant's witness admitted that he had notice of the flooding condition and mold in plaintiff's apartment but waited about three months to fix the condition.

The Civil Court Act ("CCA") § 1804 provides that the court must conduct hearings upon small claims in such manner as to do substantial justice between the parties according to the rules and principles of substantive law. O'Hara v. Bates, 2025 NY Slip Op 51146(U), 2025 NY Misc. LEXIS 6289, *1-2 (App. Term 2d Dept. 2025). In accordance with this duty, this court awards judgment in favor of plaintiff Kevin YJ Xie in the amount of $10,000, which represents a partial rent abatement for living in an uninhabitable condition for three months and compensation for plaintiff's furniture and other items which were damaged by the water and mold. This constitutes the decision and order of the court.

Dated: April 27, 2026

Kings County, New York

Hon. Tehilah H. Berman

Judge of the Civil Court