Abatement Awarded to Loft Tenants

February 1, 1995

LVT Number: 9488

Landlord sued to evict 15 loft tenants for nonpayment of rent. The court consolidated the cases. Tenants claimed breach of the warranty of habitability, complaining of building-wide problems, including no heat and hot water. The court inspected the building, and found that tenants' claims were valid. The court upheld the warranty of habitability claim, and landlord appealed. Landlord argued that the court should have rejected tenants' claims because only 5 of the 15 tenants had testified about the conditions. The appeals court also ruled for tenants.

Landlord sued to evict 15 loft tenants for nonpayment of rent. The court consolidated the cases. Tenants claimed breach of the warranty of habitability, complaining of building-wide problems, including no heat and hot water. The court inspected the building, and found that tenants' claims were valid. The court upheld the warranty of habitability claim, and landlord appealed. Landlord argued that the court should have rejected tenants' claims because only 5 of the 15 tenants had testified about the conditions. The appeals court also ruled for tenants. The trial court had inspected the building, and substantiated the habitability claims. And the credibility of the evidence wasn't reduced because only 5 tenants had testified to the building conditions.

640 Broadway Renaissance Co. v. Rossiter: NYLJ, p. 26, col. 1 (1/3/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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