35% Abatement for Gas Shut Off

August 31, 1998

LVT Number: 12644

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of warranty of habitability. Gas to the building was shut off by Con Edison for two and a half months due to a gas pipe leak in the building's basement. It took that long to replace the existing system. The court gave tenant a rent abatement and tenant appealed, seeking a greater abatement. The appeals court ruled for tenant and gave him a 35 percent rent abatement for the period during which there was no gas service.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of warranty of habitability. Gas to the building was shut off by Con Edison for two and a half months due to a gas pipe leak in the building's basement. It took that long to replace the existing system. The court gave tenant a rent abatement and tenant appealed, seeking a greater abatement. The appeals court ruled for tenant and gave him a 35 percent rent abatement for the period during which there was no gas service. This was an essential service and tenant was deprived of hot water and an operating stove for this extended period.

210 Realty Co., L.P. v. Cornyn: NYLJ, p. 27, col. 2 (8/10/98) (App. T. 1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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