50% Abatement Awarded

September 30, 1996

LVT Number: 10961

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The toilet in tenant's apartment had fallen through the bathroom floor. Tenant had to use a neighbor's bathroom while extensive repairs were done over a three-week period. Also, tenant's bathtub and sink leaked, her apartment door fell off, and there were holes in the floor. The court ruled for tenant and gave her a 50 percent rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The toilet in tenant's apartment had fallen through the bathroom floor. Tenant had to use a neighbor's bathroom while extensive repairs were done over a three-week period. Also, tenant's bathtub and sink leaked, her apartment door fell off, and there were holes in the floor. The court ruled for tenant and gave her a 50 percent rent abatement.

224 8th Ave. Corp. v. Palacios: NYLJ, p. 22, col. 3 (9/25/96) (Civ. Ct. NY; Gould, J)

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