Former Tenant Gets 10% Rent Abatement for Apartment Conditions

Landlord sued former tenant in small claims court for unpaid rent totalling $3,850. Tenant claimed the apartment was in bad condition, creating a breach of the warranty of habitability. The court ruled for landlord in part. Although landlord had received 15 months of back rent due from the ERAP program on tenant's behalf, there remained 11 months of past rent due for periods preceding the months covered by ERAP. Tenant's rent was only $350 per month. It was unclear from testimony at trial whether the leaking sink and broken window were caused by the tenant. But it was undisputed that the overall condition of the unit was one of general disrepair such that its fitness for human habitation was degraded and that its conditions were dangerous, hazardous, or detrimental to life, health, or safety. Although tenant's rent was very low, it was against public policy to allow the conditions to continue without some penalty. The court gave tenant a 10 percent rent abatement.

Ruffrage v. Harter: Index No. SC-000084-22 (Civ. Ct. Little Falls; 8/11/22; Bannister, J)