Abatement Awarded for Water Leaks

March 1, 2001

LVT Number: 14828

Landlord sued to evict tenant for nonpayment of rent. The court allowed tenant to amend her original answer to the complaint to claim breach of the warranty of habitability. The court ruled for tenant. Landlord appealed and lost. The court properly allowed tenant to amend her answer. And the amount of the rent cut allowed for breach of the warranty of habitability was reasonable in light of the severity of the water leaks in tenant's apartment.

Landlord sued to evict tenant for nonpayment of rent. The court allowed tenant to amend her original answer to the complaint to claim breach of the warranty of habitability. The court ruled for tenant. Landlord appealed and lost. The court properly allowed tenant to amend her answer. And the amount of the rent cut allowed for breach of the warranty of habitability was reasonable in light of the severity of the water leaks in tenant's apartment.

The 400 Realty Co. v. Mitter: NYLJ, 2/13/01, p. 25, col. 1 (App. T.1 Dept.; Parness, PJ, Gangel-Jacob, Suarez, JJ)

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