Recurring Heat and Air-Conditioning Problems

March 1, 2004

LVT Number: 17199

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were recurring problems with heat and air-conditioning in the apartment. The court ruled for landlord in part and gave tenant a rent abatement for breach of the warranty of habitability. Both sides appealed. Landlord claimed that tenant got too much of a rent abatement; tenant claimed that he didn't get enough. The court ruled that the amount of the rent abatement was reasonable. Also, based on the mixed outcome of the case, neither landlord nor tenant was entitled to attorney's fees.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were recurring problems with heat and air-conditioning in the apartment. The court ruled for landlord in part and gave tenant a rent abatement for breach of the warranty of habitability. Both sides appealed. Landlord claimed that tenant got too much of a rent abatement; tenant claimed that he didn't get enough. The court ruled that the amount of the rent abatement was reasonable. Also, based on the mixed outcome of the case, neither landlord nor tenant was entitled to attorney's fees.

Perevoski v. Sadoff: NYLJ, 2/9/04, p. 26, col. 2 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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