DHCR Rent Cut Doesn't Preclude Other Abatement

April 30, 2002

LVT Number: 15825

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on defective living-room windows and other items. The court ruled against tenant after a trial. The court didn't let tenant present proof of his claim for a rent abatement because he already had a DHCR rent reduction for the window condition. Tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. The law that reduced the amount of a rent abatement award by any DHCR rent reduction called only for an offset.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on defective living-room windows and other items. The court ruled against tenant after a trial. The court didn't let tenant present proof of his claim for a rent abatement because he already had a DHCR rent reduction for the window condition. Tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. The law that reduced the amount of a rent abatement award by any DHCR rent reduction called only for an offset. The law didn't bar a rent abatement claim altogether. And tenant's warranty of habitability claim wasn't based only on the window condition. The trial court was wrong to prevent tenant from presenting proof of those claims.

Baumrind v. Valentine: NYLJ, 4/17/02, p. 26, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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