100 Percent Rent Abatement Excessive

April 30, 1993

LVT Number: 6979

Landlord sued tenant for nonpayment of rent after tenant moved out of the apartment. The trial court granted landlord a 100 percent rent abatement for the period between January 1987 and December 1989, and landlord appealed. The appeals court found this abatement excessive. The rent abatement was reduced to 40 percent for the months of January through September 1987 and to 60 percent for the period between October 1987 and December 1989.

Landlord sued tenant for nonpayment of rent after tenant moved out of the apartment. The trial court granted landlord a 100 percent rent abatement for the period between January 1987 and December 1989, and landlord appealed. The appeals court found this abatement excessive. The rent abatement was reduced to 40 percent for the months of January through September 1987 and to 60 percent for the period between October 1987 and December 1989. The noise and vibration from a defectively mounted rooftop industrial exhaust fan directly above tenant's living room constituted a breach of warranty of habitability. But tenant wasn't deprived of the use of the entire apartment at all times.

Little v. Robinson: NYLJ, p. 25, col. 1 (4/13/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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