discrimination in dispute falls short of constructive eviction.
unless they involve discrimination amounting to constructive eviction.
Drug activity would also fall under this umbrella, although very few claims of constructive eviction
have been filed for drug-related activities.
Key cases and legislation addressed issues such as sublets, constructive eviction, the First Amendment, fraud, premises liability, and continuous operation clauses.
Constructive eviction claims generally hinge on the specific facts presented, as courts assess the degree of interference with the tenant's operations and try to reach an equitable result.
tenant's right to assert a constructive eviction due to matters not directly caused by the landlord.
One of the elements a tenant must allege in order to claim a constructive eviction - at least where the alleged condition is not the result of a knowing wrong by the landlord itself - is that tenant have given notice to landlord concerning the condition:
As noted in Part 1, this results from a peculiarity in New York law, which generally combines the doctrine of breach of the covenant of quiet possession with the doctrine of constructive eviction
held that "the independent covenant to pay rent in a sublease, without allowances for deduction, set off or abatement whatsoever, bars all defenses/counterclaims except the defense/counterclaim of constructive eviction
(in the event of abandonment).
Silverman had manufactured her claim of constructive eviction
from the Manhattan apartment based on one isolated incident of a smoldering electrical wire in the basement of the subject building.