Park West Management Corp. v. Mitchell

In Park West Management Corp. v. Mitchell, 47 NY2d 316, 391 N.E.2d 1288, 418 N.Y.S.2d 310[1979], the unionized maintenance and janitorial staff at plaintiffs' apartment building went on strike for 17 days. (Id. at 326). During that period, all incinerators were wired shut, forcing tenants to pile garbage outside. In solidarity with the strikers, Department of Sanitation workers refused to pick up the garbage, causing it to pile up to the first floor level. The decaying garbage began to give off noxious odors, necessitating the declaration of a health emergency by the City. Also during that 17 day period, extermination services were not performed, which led to a rat, roach and vermin infestation. (Id. at 326-327). The court, in upholding the affirmance of a lower court's determination that respondents were entitled to a ten percent rent abatement, held that: under the facts presented here, respondents have proven that petitioner breached its implied warranty of habitability. As a result of the strike, essential services bearing directly on the health and safety of the tenants was curtailed, if not eliminated. . . the failure of petitioner to provide adequate sanitation removal, janitorial and maintenance services materially impacted upon the health and safety of the tenants . . .(Id. at 329). The court went on to list those conditions which materially affect the health or safety of the occupants of a building, such as: insect or rodent infestation, insufficient heat and plumbing facilities, significantly dangerous electrical outlets or wiring, inadequate sanitation facilities or similar services which constitute the essence of the modern dwelling unit (Id. at 328).