Amount Due Must Be Recalculated

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were conditions that required a rent abatement. The court ruled for tenant in part, ordering some rent cut. Tenant appealed, claiming that the court's calculation of rent due was incorrect. The appeals court ruled for tenant and sent the case back for recalculation. The DHCR had reduced tenant's rent based on a reduction in services. The court found that the rent had later been restored by the DHCR and calculated the rent abatement as a percentage of the restored rent. This was an error. The rent restoration order relied on by the lower court was issued under a different docket number. There was no proof that the rent had been restored. The rent abatement must be based on the reduced rent.

Sheridan Apts. LLC v. Govan: NYLJ, 7/9/01, p. 20, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)