Abatement Based on Full Rent of HUD Tenant

September 30, 1998

LVT Number: 12713

Landlord sued to evict HUD housing tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and gave him a rent abatement that was based on the full amount of the monthly rent for tenant's apartment. Landlord appealed, claiming that the percentage of the rent abatement should be based instead on the amount of the subsidized rent actually paid by the Section 8 tenant. The appeals court ruled against landlord.

Landlord sued to evict HUD housing tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and gave him a rent abatement that was based on the full amount of the monthly rent for tenant's apartment. Landlord appealed, claiming that the percentage of the rent abatement should be based instead on the amount of the subsidized rent actually paid by the Section 8 tenant. The appeals court ruled against landlord. The lower court properly based the rent abatement on the full amount of the rent, which reflected the fair market value of the apartment.

Committed Community Assocs. v. Croswell: 673 NYS2d 708 (1998) (App. Div. 2 Dept.; Bracken, JP, Copertino, Joy, McGinity, JJ)

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