Tenant Denied Access for Repairs

May 31, 1998

LVT Number: 12412

(Decision submitted by Jerry Montag of the Manhattan law firm of Mandel & Resnik, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on peeling paint and falling plaster. Landlord admitted a delay in making roof repairs required to correct the problem. The court awarded tenant a 12 percent rent abatement for a one-year period. But the court denied any rent abatement for the later seven-month period ending with the trial.

(Decision submitted by Jerry Montag of the Manhattan law firm of Mandel & Resnik, P.C., attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on peeling paint and falling plaster. Landlord admitted a delay in making roof repairs required to correct the problem. The court awarded tenant a 12 percent rent abatement for a one-year period. But the court denied any rent abatement for the later seven-month period ending with the trial. During this time, tenant denied landlord reasonable access to make repairs.

Honeyman v. Desloge: L&T Index No. 114131/97 (2/26/98) (Civ. Ct. NY; Hoffman, J) [3-page document]

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