Tenant Entitled to Larger Abatement

Landlord sued to evict tenant. Tenant claimed a breach of the warranty of habitability. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and sent the case back for a new trial. Tenant had claimed that there was a vermin infestation. The trial court accepted tenant's proof but merely gave her a rent credit for the cost of an exterminator she'd paid for. The court found that no further rent abatement was due since tenant hadn't been constructively or actually evicted. This was incorrect. The court should have considered the reduced rental value of the apartment in light of the condition shown. And even though tenant's rent was partially paid by DSS, the full amount of tenant's rent must be considered when deciding the percentage of the rent abatement.

Sagtikos Gardens, Inc. v. Tyner: NYLJ, p. 24, col. 5 (1/5/98) (App. T. 2 Dept.; Stark, JP, Collins, Floyd, JJ)