25 Percent Abatement for Leaks

April 1, 1999

LVT Number: 13162

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on recurring water leaks. The court ruled for tenant and granted her a 25 percent rent abatement for an 18-month period. Landlord appealed and lost. The amount of the rent abatement was reasonable, given the condition causing the breach of the warranty of habitability. In addition, given the amount of the rent abatement, tenant won the case and could get attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on recurring water leaks. The court ruled for tenant and granted her a 25 percent rent abatement for an 18-month period. Landlord appealed and lost. The amount of the rent abatement was reasonable, given the condition causing the breach of the warranty of habitability. In addition, given the amount of the rent abatement, tenant won the case and could get attorney's fees.

W.S.L.S.J. & I. Weinreb v. Fuchs: NYLJ, p. 26, col. 2 (3/5/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)

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