25% Abatement Awarded

July 31, 2001

LVT Number: 15199

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part and gave him some rent abatement. Tenant appealed. The appeals court ruled for tenant and increased the rent abatement to 25 percent for three months. This was to compensate tenant for the disruption during landlord's installations of pipes and related damage to the apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part and gave him some rent abatement. Tenant appealed. The appeals court ruled for tenant and increased the rent abatement to 25 percent for three months. This was to compensate tenant for the disruption during landlord's installations of pipes and related damage to the apartment.

106 E. 19th Assocs. v. Berg-Munch: NYLJ, 7/3/01, p. 21, col. 5 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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