Fifty Percent Abatement for Noxious Fumes

August 31, 2000

LVT Number: 14408

Landlord sued to evict second-floor tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability because of noxious fumes rising from a dry cleaning shop on the first floor. The court ruled for tenants and gave them a 75 percent rent abatement. Landlord appealed. The appeals court ruled for landlord in part by reducing the rent abatement to 50 percent. The court noted that, for purposes of any award of attorney's fees, tenants would still be considered the winners in the case, since the central issue was the breach of the warranty of habitability.

Landlord sued to evict second-floor tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability because of noxious fumes rising from a dry cleaning shop on the first floor. The court ruled for tenants and gave them a 75 percent rent abatement. Landlord appealed. The appeals court ruled for landlord in part by reducing the rent abatement to 50 percent. The court noted that, for purposes of any award of attorney's fees, tenants would still be considered the winners in the case, since the central issue was the breach of the warranty of habitability.

Goldman v. O'Brien: NYLJ, 8/14/00, p. 28, col. 2 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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