Tenant Gets 100% Rent Abatement

January 26, 2015

LVT Number: #25953

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and granted her a 100 percent rent abatement through Dec. 31, 2014. After Hurricane Sandy in October 2012, tenant notified landlord of continual kitchen sink drain backup, a noxious odor from the kitchen sink, and mold, mildew, and uneven floor conditions. Tenant was forced to evacuate the apartment for two weeks but was unable to remain in the apartment after that because landlord failed to make repairs.

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and granted her a 100 percent rent abatement through Dec. 31, 2014. After Hurricane Sandy in October 2012, tenant notified landlord of continual kitchen sink drain backup, a noxious odor from the kitchen sink, and mold, mildew, and uneven floor conditions. Tenant was forced to evacuate the apartment for two weeks but was unable to remain in the apartment after that because landlord failed to make repairs. Tenant's son also was diagnosed with asthma in 2013 and experienced symptoms after spending time in the apartment. The court also ordered landlord to correct any outstanding violations.

NYCHA-Coney Island Houses v. Feliciano: Index No. 011616/2014, NYLJ No. 1202713072279 (Civ. Ct. Kings; 12/12/14; Sikowitz, J)

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