No Abatement for Months Before Landlord Got Notice of Conditions

July 31, 2001

LVT Number: 15206

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability due to a lead paint condition in the apartment. The court gave tenant a 60 percent rent abatement for a four-month period. Tenant appealed, claiming that he should get the rent abatement for the entire term of his tenancy. The appeals court ruled against tenant. Tenant was entitled to an abatement only for the months after landlord was notified of the condition. Outside New York City, a landlord isn't deemed to be on constructive notice of a lead paint condition.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability due to a lead paint condition in the apartment. The court gave tenant a 60 percent rent abatement for a four-month period. Tenant appealed, claiming that he should get the rent abatement for the entire term of his tenancy. The appeals court ruled against tenant. Tenant was entitled to an abatement only for the months after landlord was notified of the condition. Outside New York City, a landlord isn't deemed to be on constructive notice of a lead paint condition.

Phillips v. Wilcox: NYLJ, 7/19/01, p. 19, col. 3 (App. T.2 Dept.; Floyd, PJ, Colabella, Coppola, JJ)

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