Tenant Can't Get Fees on Habitability Claim

July 31, 1993

LVT Number: 8046

Landlord sued to evict loft tenant for nonpayment of rent. Tenant claimed that there was a substantial breach of the warranty of habitability and asked the court for a 100 percent rent abatement. The trial court found tenant's claim to be greatly exaggerated. The court gave tenant only a 10 percent abatement based on water leakage. The court denied tenant's request for attorney's fees, and tenant appealed. The appeals court noted that, in some cases, a tenant who gets a partial rent abatement may be entitled to attorney's fees.

Landlord sued to evict loft tenant for nonpayment of rent. Tenant claimed that there was a substantial breach of the warranty of habitability and asked the court for a 100 percent rent abatement. The trial court found tenant's claim to be greatly exaggerated. The court gave tenant only a 10 percent abatement based on water leakage. The court denied tenant's request for attorney's fees, and tenant appealed. The appeals court noted that, in some cases, a tenant who gets a partial rent abatement may be entitled to attorney's fees. But, in this case, tenant got such a small abatement that he wasn't entitled to attorney's fees.

Peachy v. Rosenzweig: NYLJ, p. 21, col. 2 (7/2/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

Topics

More like this