Rent Abatement of 85 Percent Reduced Substantially by Appeals Court

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for landlord in part but gave tenant an 85 percent rent abatement for the 19-month period in dispute. Landlord appealed and won, in part. The appeals court noted that the portion of the rent abatement awarded for lack of heat and a rodent issue was improper because tenant didn't raise these conditions as a basis for abatement at any point during the court case. There also was no competent proof supporting tenant's claim of faulty wiring in the apartment. Tenant's testimony regarding notice to landlord was vague and nonspecific. There was a violation for a defective floor and documentation of a defective refrigerator and stove and inadequate water pressure. The abatement was reduced, and landlord was awarded the sum of $14,497.

133 W 145 LLC v. Davis: 63 Misc.3d 158(A), 2019 NY Slip Op 50850(U) (App. T. 1 Dept.; 5/31/19; Shulman, PJ, Gonzalez, Edmead, JJ)