No Abatement Awarded for Minor Defects

April 1, 1999

LVT Number: 13161

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. For most of the claimed conditions, including leaking ceilings, the court found that a 5 percent rent abatement was warranted. But since tenant had already gotten a DHCR rent reduction for these conditions in an amount greater than 5 percent of the rent, he couldn't get a further rent cut. The remaining conditions, broken window screens and blinds, were minor defects that didn't warrant any further rent reduction.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. For most of the claimed conditions, including leaking ceilings, the court found that a 5 percent rent abatement was warranted. But since tenant had already gotten a DHCR rent reduction for these conditions in an amount greater than 5 percent of the rent, he couldn't get a further rent cut. The remaining conditions, broken window screens and blinds, were minor defects that didn't warrant any further rent reduction.

Talgo v. Pridgen: NYLJ, p. 35, col. 4 (3/31/99) (Civ. Ct. Kings; Balter, J)

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