Tenant Didn't Prove No-Heat Claim

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord didn't provide heat and that he should get a rent abatement. The court ruled against tenant. Tenant appealed and lost. The heat on one floor of ten-ant's three-floor residence fell below the required level on one occasion. But tenant didn't prove the dates, duration, and intensity of the claimed heating defects. So the court couldn't calculate any rent abatement. Also, tenant didn't show any defect in the heating system, and tenant, under his lease, was responsible for routine maintenance of the heating system. Tenant also repeatedly refused to give landlord access to make repairs.

Eke v. Ayanru: NYLJ, 3/20/02, p. 22, col. 4 (App. T.2 Dept.; Patterson, JP, Golia, Rios, JJ)