The court agreed with the King court's recognition that constructive eviction
creates a dilemma for tenants, forcing them to cither "continue to pay rent and endure the conditions of untenability or abandon the premises and hope to find another dwelling which, in times of severe housing shortage, is likely to be as uninhabitable as the last.
discrimination in dispute falls short of constructive eviction.
unless they involve discrimination amounting to constructive eviction.
A constructive eviction
terminates a lease, and a tenant can leave without further obligation.
The court found that the landlord fulfilled its obligations under the lease and rejected Marymount's claim that conditions at the hotel (which at the time was an "SRO") constituted a constructive eviction
Key cases and legislation addressed issues such as sublets, constructive eviction
, the First Amendment, fraud, premises liability, and continuous operation clauses.
tenant's right to assert a constructive eviction
due to matters not directly caused by the landlord.
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.