Abatement Awarded for No Heat

March 1, 1998

LVT Number: 12202

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he withheld rent because landlord didn't provide heat. Tenant's lease contained a crossed-out rider provision entitled ''Utilities,'' which stated that ''tenant will pay ___ % of the monthly heating and electric bills.'' The implication was that landlord would supply heat. An inspection showed that the apartment temperature was in the mid-50s when the outside temperature was in the 30s. Nassau County law requires that indoor temperature be at least 68 degrees when the outdoor temperature falls below 55 degrees.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he withheld rent because landlord didn't provide heat. Tenant's lease contained a crossed-out rider provision entitled ''Utilities,'' which stated that ''tenant will pay ___ % of the monthly heating and electric bills.'' The implication was that landlord would supply heat. An inspection showed that the apartment temperature was in the mid-50s when the outside temperature was in the 30s. Nassau County law requires that indoor temperature be at least 68 degrees when the outdoor temperature falls below 55 degrees. The court ruled for tenant, finding that landlord breached the warranty of habitability. The court reduced tenant's monthly $525 rent to $400 until landlord provided heat.

Venezia v. Beresford: NYLJ, p. 31, col. 1 (2/11/98) (Dist. Ct. Nassau County; Gewanter, J)

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