Tenant Awarded 100 Percent Rent Abatement

December 1, 2008

LVT Number: #20876

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there was a breach of the warranty of habitability based on hazardous conditions. The court ruled for tenant and gave him a 100 percent rent abatement. Photographs and an HPD inspector's report showed that there was a collapsed bathroom ceiling, exposed electrical wiring, and more than 50 violations in the apartment, including rat and mice infestation. The court also gave tenant a money judgment for $1,500 based on repairs that tenant was forced to make and pay for himself after notifying landlord.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there was a breach of the warranty of habitability based on hazardous conditions. The court ruled for tenant and gave him a 100 percent rent abatement. Photographs and an HPD inspector's report showed that there was a collapsed bathroom ceiling, exposed electrical wiring, and more than 50 violations in the apartment, including rat and mice infestation. The court also gave tenant a money judgment for $1,500 based on repairs that tenant was forced to make and pay for himself after notifying landlord.

162 BSD Realty LLC v. Ross: NYLJ, 11/26/08, p. 30, col. 1 (Civ. Ct. Kings; Stanley, J)

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