No Water for Three Months

September 30, 1994

LVT Number: 9174

Landlord sued tenant for nonpayment of rent. Tenant argued that landlord had breached the warranty of habitability because there had been no water in tenant's kitchen or bathroom for three months. Landlord claimed that only the water in the bathroom was affected, that the problem had been caused by another tenant, and that he'd attempted to fix it. The court ruled for tenant, and awarded a 100 percent rent abatement for three months. Tenant was without essential services for a long time, and couldn't cook or shower in his apartment during a very cold winter.

Landlord sued tenant for nonpayment of rent. Tenant argued that landlord had breached the warranty of habitability because there had been no water in tenant's kitchen or bathroom for three months. Landlord claimed that only the water in the bathroom was affected, that the problem had been caused by another tenant, and that he'd attempted to fix it. The court ruled for tenant, and awarded a 100 percent rent abatement for three months. Tenant was without essential services for a long time, and couldn't cook or shower in his apartment during a very cold winter. Also, it doesn't matter if another tenant may have caused the problem.

Solomon v. Brandy: NYLJ, p. 22, col. 6 (9/7/94) (Civil Ct. Bronx; Thomas, J)

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