The defendants are approximately 80 tenants of a 300-unit luxury apartment building on the upper east side of Manhattan. The monthly rents in the all-glass-enclosed building, which won several architectural awards, were very high. The landlord brought a summary proceeding against the tenants to recover rent when they engaged in a rent strike in protest against what they viewed as deteriorating conditions and services. Among other things, the evidence showed that during the period in question, the elevator system made tenants and their guests wait interminable lengths of time, the elevators skipped floors and opened on the wrong floors, a stench emanated from garbage stored near the garage and mice appeared in that area, fixtures were missing in public areas, water seeped into mailboxes, the air conditioning in the lobby was inoperative, and air conditioners in individual units leaked. The defendant-tenants sought abatement of rent for breach of the implied warranty of habitability.

Topic Questions:

1. Using the IRAC method, determine ifthe landlord breached the implied warranty of habitability.
2. Using the IRAC method, determine if the landlord breached the tenants' right to quiet enjoyment of the property.
3. What, if any, other claims could the tenants make against the landlord to justify an anticipatory repudiation of their lease?

Reflection Questions:

1. What specific knowledge and information did you gain from the learning materials andactivities that you can apply to your experiences now?In the future?
2. What are the social and ethical issues involved with the subject matter of this assignment?
3. Which topics were confusing, complicated or contradictory? Why? Did you ask the class or instructor for assistance?