Landlord Didn't Provide Promised Amenities

April 1, 2003

LVT Number: 16493

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord's rental brochure described amenities to be included in rent as a swimming pool, wine cellar, cinema room, and parking. The only amenity provided was parking. Tenant's lease stated that landlord would diligently complete the amenities and barred any offset or abatement due to lack of amenities. The court ruled for tenant. Due to landlord's failure to diligently complete the amenities, tenant was entitled to a $400 monthly abatement from his $2,700 rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord's rental brochure described amenities to be included in rent as a swimming pool, wine cellar, cinema room, and parking. The only amenity provided was parking. Tenant's lease stated that landlord would diligently complete the amenities and barred any offset or abatement due to lack of amenities. The court ruled for tenant. Due to landlord's failure to diligently complete the amenities, tenant was entitled to a $400 monthly abatement from his $2,700 rent.

Scarsdale Ave. Historic LP v. Romano: NYLJ, 3/19/03, p. 22, col. 2 (Village Court Tuckahoe; Fuller, J)

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