Apartment Flooded

May 31, 1994

LVT Number: 8861

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and gave him a rent abatement. Tenant appealed, seeking a larger abatement. The appeals court ruled against tenant. Tenant owed $120,000 in back rent; the court gave tenant a $10,000 abatement. This was reasonable and covered the four-month period when tenant's apartment was completely uninhabitable due to a flood. Tenant didn't prove further breach of the warranty of habitability after he'd moved back into the apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and gave him a rent abatement. Tenant appealed, seeking a larger abatement. The appeals court ruled against tenant. Tenant owed $120,000 in back rent; the court gave tenant a $10,000 abatement. This was reasonable and covered the four-month period when tenant's apartment was completely uninhabitable due to a flood. Tenant didn't prove further breach of the warranty of habitability after he'd moved back into the apartment.

Excelsior 57th Corp. v. Winters: NYLJ, p. 25, col. 1 (5/25/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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