Rent Abatement Reduced

February 1, 1993

LVT Number: 6742

Landlord sued to evict tenant for nonpayment of rent. The trial court awarded tenant a rent abatement of over $2,000, and landlord appealed. The appeals court reduced the abatement to $875. The court noted that the trial court didn't offset the abatement against rent arrears of $1,700 owed by tenant. The percentage of the rent abatement granted by the trial court was also too high; $875 represented a 25 percent abatement

Landlord sued to evict tenant for nonpayment of rent. The trial court awarded tenant a rent abatement of over $2,000, and landlord appealed. The appeals court reduced the abatement to $875. The court noted that the trial court didn't offset the abatement against rent arrears of $1,700 owed by tenant. The percentage of the rent abatement granted by the trial court was also too high; $875 represented a 25 percent abatement

[Gjerovica Associates v. Jurado: NYLJ, p. 21, col. 3 (1/26/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)].

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