Abatement Awarded for Peeling Paint

June 30, 2001

LVT Number: 15125

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked for a rent abatement. There was peeling paint in the apartment when the lease started, and tenant refused to move in until this was corrected because she had a 2-year-old child and was concerned about lead paint. The court ruled against tenant, and tenant appealed. The appeals court sent the case back for a new trial. There was some question as to when landlord made repairs, how much delay there was before tenant moved in, and how much of the delay was tenant's fault.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked for a rent abatement. There was peeling paint in the apartment when the lease started, and tenant refused to move in until this was corrected because she had a 2-year-old child and was concerned about lead paint. The court ruled against tenant, and tenant appealed. The appeals court sent the case back for a new trial. There was some question as to when landlord made repairs, how much delay there was before tenant moved in, and how much of the delay was tenant's fault. So a new trial was needed.

Carroll St. Properties v. Johnson: NYLJ, 6/26/01, p. 20, col. 1 (App. T.2 Dept; Aronin, JP, Scholnick, Patterson, JJ)

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