No Rent Abatement for Cooperative Tenants

August 31, 2005

LVT Number: 18350

Landlord, a not-for-profit cooperative corporation, sued tenant-proprietary lessees for nonpayment of maintenance. Tenants claimed a breach of the warranty of habitability. They sought a full abatement for several months. Tenants claimed that during building renovations, they didn't have adequate kitchen and bathroom facilities. Landlord argued that defective conditions existed only while it made necessary repairs that were approved by the board. The court ruled for landlord. Tenants didn't show that the board willfully inconvenienced tenants or acted outside its authority.

Landlord, a not-for-profit cooperative corporation, sued tenant-proprietary lessees for nonpayment of maintenance. Tenants claimed a breach of the warranty of habitability. They sought a full abatement for several months. Tenants claimed that during building renovations, they didn't have adequate kitchen and bathroom facilities. Landlord argued that defective conditions existed only while it made necessary repairs that were approved by the board. The court ruled for landlord. Tenants didn't show that the board willfully inconvenienced tenants or acted outside its authority. Tenants weren't entitled to any maintenance abatement.

315-321 Eastern Pkwy. Dev. Fund Corp. v. Wint-Howell: NYLJ, 8/31/05, p. 20, col. 3 (Civ. Ct. Kings; Heymann, J)

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