Abatement to Section 8 Tenant Based on Full Contract Rent

April 1, 1997

LVT Number: 11410

Facts: Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The full amount of tenant's monthly contract rent was $1,400. Tenant paid $220 of this amount. The court found that the full amount of rent owed was $2,400 but that tenant was entitled to a rent abatement of $2,300. The court calculated the rent abatement based on the full contract rent. Landlord appealed, claiming that any rent abatement should be based only on tenant's share of the rent. Court: Landlord loses.

Facts: Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The full amount of tenant's monthly contract rent was $1,400. Tenant paid $220 of this amount. The court found that the full amount of rent owed was $2,400 but that tenant was entitled to a rent abatement of $2,300. The court calculated the rent abatement based on the full contract rent. Landlord appealed, claiming that any rent abatement should be based only on tenant's share of the rent. Court: Landlord loses. However, tenant can't recover any rent abatement for breach of the warranty of habitability in an amount greater than his share of the rent.

Committed Community Assocs. v. Croswell: NYLJ, p. 29, col. 2 (3/12/97) (App. T. 2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)

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