Lack of Heat Wasn't Constant Condition

July 31, 1993

LVT Number: 8109

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed there was insufficient heat in his living room because the radiator didn't function properly. Tenant didn't say there was no heat at all. Also, tenant didn't show the approximate temperature in the room, and his testimony was inconsistent and not believable. Tenant also didn't show any particular time period when the temperature outside was below 55 degrees or below 65 degrees in the living room. So, there was no constant condition, and the court couldn't determine when the heat wasn't provided.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed there was insufficient heat in his living room because the radiator didn't function properly. Tenant didn't say there was no heat at all. Also, tenant didn't show the approximate temperature in the room, and his testimony was inconsistent and not believable. Tenant also didn't show any particular time period when the temperature outside was below 55 degrees or below 65 degrees in the living room. So, there was no constant condition, and the court couldn't determine when the heat wasn't provided. Tenant got no rent abatement.

Cleo Realty Associates v. Stevens: NYLJ, p. 23, col. 2 (7/21/93) (Civ. Ct. NY; Wendt, J)

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