Rent Abatement Excessive

July 31, 2005

LVT Number: 18284

(Decision submitted by Sally E. Unger of the Manhattan law firm of Kossoff & Unger, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. He claimed substantial interference with his use of the apartment due to water leaks during heavy rains. The trial court ruled for tenant and gave him a $500 rent abatement. Landlord appealed and won. Tenant claimed that the water leaks had interfered with his use of the apartment on only five or six days. So the rent abatement was excessive.

(Decision submitted by Sally E. Unger of the Manhattan law firm of Kossoff & Unger, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. He claimed substantial interference with his use of the apartment due to water leaks during heavy rains. The trial court ruled for tenant and gave him a $500 rent abatement. Landlord appealed and won. Tenant claimed that the water leaks had interfered with his use of the apartment on only five or six days. So the rent abatement was excessive. The appeals court reduced the rent abatement to $250.

Clearwater Realty Co. v. Yonac: NYLJ, 7/1/05, p. 25, col. 2 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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