Tenant of Co-op Apartment Gets 100% Rent Abatement

Landlord, a co-op unit sponsor who maintained control of the building, sued to evict rent-stabilized tenant of the unit for nonpayment of rent. Landlord claimed tenant owed over $15,000. Tenant in turn asked the court to grant a 100 percent rent abatement and to dismiss the case. Tenant claimed that between July 1, 2021, and May 25, 2023, there was a rent-impairing violation in the building common areas that supported his abatement claim under Multiple Dwelling Law Section 302-a. The court agreed and also found that RPAPL Section 235-b outlined that landlord had the responsibility to maintain the habitability of the premises, and this applied to co-op apartments. The full abatement was granted, and the case was dismissed.

Eleven Eleven Realty Assoc. v. Elizabeth: 82 Misc.3d 1212(A), 2024 NY Slip Op 50288 (Civ. Ct. Kings; 3/13/24; Golden, J)