10% Rent Abatement for Serious Mildew Problem

April 1, 1994

LVT Number: 8715

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord argued that tenant had already gotten a rent cut from the DHCR in response to her service complaint before that agency. The court ruled for tenant. Tenant can both seek a rent cut from the DHCR and make a breach of warranty claim in her defense in court. Tenant described in great deal the mildew problem and excessive moisture in all rooms of her apartment. This was apparently caused by a defective boiler and pipe that allowed steam and water to escape.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord argued that tenant had already gotten a rent cut from the DHCR in response to her service complaint before that agency. The court ruled for tenant. Tenant can both seek a rent cut from the DHCR and make a breach of warranty claim in her defense in court. Tenant described in great deal the mildew problem and excessive moisture in all rooms of her apartment. This was apparently caused by a defective boiler and pipe that allowed steam and water to escape. Landlord had notice of these conditions. The court gave tenant a 10 percent rent abatement.

61 Melvin Avenue Realty Corp. v. Brantley: NYLJ, p. 23, col. 3 (3/16/94) (Civ. Ct. NY; Wendt, J)

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