Amount of Abatement Increased

April 1, 2004

LVT Number: 17267

Landlord sued to evict tenant for nonpayment of one month's rent. The court ruled for landlord in part, awarding him $500 and giving tenant a $50 rent abatement for breach of the warranty of habitability. Tenant appealed, claiming that the rent abatement was insufficient. He said he had informed landlord of the apartment conditions months before he withheld rent. The appeals court ruled for tenant in part. The court increased the rent abatement to $150 for the month tenant withheld rent.

Landlord sued to evict tenant for nonpayment of one month's rent. The court ruled for landlord in part, awarding him $500 and giving tenant a $50 rent abatement for breach of the warranty of habitability. Tenant appealed, claiming that the rent abatement was insufficient. He said he had informed landlord of the apartment conditions months before he withheld rent. The appeals court ruled for tenant in part. The court increased the rent abatement to $150 for the month tenant withheld rent. Landlord testified believably in court that tenant had informed him of the conditions only after he sued him for nonpayment. But the lower court should have given tenant a bigger rent abatement.

Brucculeri v. McKeon: NYLJ, 3/19/04, p. 26, col. 5 (App. T. 2 Dept.; McCabe, PJ, Lifson, Skelos, JJ)

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