Rent Abatement for Ceiling Collapse

April 9, 2012

LVT Number: #24033

Tenant sued landlord for damages based on injuries and a breach of the warranty of habitability. The court ruled for tenant and gave her a 10 percent rent abatement. Tenant appealed, claiming that it should be more. The appeals court agreed and increased the abatement to 25 percent. There had been recurring problems with bubbles forming on the ceilings of tenant's bedroom and living room. The bedroom ceiling also collapsed one morning, causing injuries to tenant.

Tenant sued landlord for damages based on injuries and a breach of the warranty of habitability. The court ruled for tenant and gave her a 10 percent rent abatement. Tenant appealed, claiming that it should be more. The appeals court agreed and increased the abatement to 25 percent. There had been recurring problems with bubbles forming on the ceilings of tenant's bedroom and living room. The bedroom ceiling also collapsed one morning, causing injuries to tenant.

Dumbadze v. Saxon Hall Owner, LLC: 940 NYS2d 315, 2102 NY Slip Op 02080 (App. Div. 2 Dept.; 3/20/12; Angiolillo, JP, Dickerson, Leventhal, Hall, JJ)

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