Abatement Ordered for Bedbugs and Uninhabitable Bathroom

April 1, 2005

LVT Number: 18039

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. She said the apartment was infested with bedbugs and that there was periodic dripping of sewage from her bathroom ceiling. At trial, landlord claimed that tenant caused the bedbug condition. The court ruled for tenant. Landlord's exterminator testified that the bedbug condition was found in other apartments in the building before April 2003, when tenant had moved in. The court also found tenant's testimony believable.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. She said the apartment was infested with bedbugs and that there was periodic dripping of sewage from her bathroom ceiling. At trial, landlord claimed that tenant caused the bedbug condition. The court ruled for tenant. Landlord's exterminator testified that the bedbug condition was found in other apartments in the building before April 2003, when tenant had moved in. The court also found tenant's testimony believable. At the same time, landlord's testimony wasn't credible and was inconsistent. The court reduced the back rent owed by 50 percent.

Jefferson House Assos., LLC v. Boyle: NYLJ, 3/9/05, p. 22, col. 4 (Justice Ct. Westchester; Shapiro, J)

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