Prior DHCR Rent Cut for Same Condition

January 1, 1999

LVT Number: 12936

(Decision submitted by Eric Fromme of the Manhattan law firm of Fromme Schwartz Newman & Cornicello, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled against tenant. There was already a DHCR rent reduction order in effect based on the window condition tenant had complained about. So, by law, tenant couldn't get a second rent cut in court.

(Decision submitted by Eric Fromme of the Manhattan law firm of Fromme Schwartz Newman & Cornicello, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled against tenant. There was already a DHCR rent reduction order in effect based on the window condition tenant had complained about. So, by law, tenant couldn't get a second rent cut in court. For the other conditions, there wasn't sufficient proof that the conditions existed, that landlord had received notice, or that landlord hadn't made prompt repairs.

Baumrind v. Valentine: Index No. 55351/98 (7/31/98) (Civ. Ct. NY; Hahn, J) [2-pg. doc.]

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