5% Abatement for Beetles

(Decision submitted by Sabrina B. Isaacs of the Manhattan law firm of Kucker Kraus & Bruh, LLP., attorney for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant asked for a 100 percent rent abatement based on a breach of the warranty of habitability, claiming the apartment was infested with beetles and other insects. The court awarded tenant a 5 percent rent abatement. An inspection had showed that although there were carpet beetles under the heat covers in tenant's apartment, it wasn't infested with beetles.

ROC Century Assoc. v. May: L&T Index No. 55553/95 (2/13/98) (Civ. Ct. NY; Rashford, J) [6-page document]