Lillias Berzito, Plaintiff-Appellant v. Vincent Gambino, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated the trial court judgment for the tenant, holding that a landlord's breach of the implied covenant of habitability may be used as a defense and setoff against rent, that tenants may recover rent based on the reasonable value of defective premises, and that waiver does not apply; the court also rejected the limitation of remedies to constructive eviction or repair offset.