Tenant Gets 100% Rent Abatement for 17-Month Period That Conditions Existed

April 26, 2024

LVT Number: #33165

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $18,000. Tenant responded with a number of defenses, including breach of the warranty of habitability. Tenant claimed that there were a number of rent-impairing violations in her apartment. The court ruled for tenant after trial and gave her a 100 percent rent abatement for a 17-month period while the conditions remained. The court found that one missed access date for the removal of HPD violations and landlord's testimony that the work was done weren't sufficient to defeat the defense.

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $18,000. Tenant responded with a number of defenses, including breach of the warranty of habitability. Tenant claimed that there were a number of rent-impairing violations in her apartment. The court ruled for tenant after trial and gave her a 100 percent rent abatement for a 17-month period while the conditions remained. The court found that one missed access date for the removal of HPD violations and landlord's testimony that the work was done weren't sufficient to defeat the defense. It was the continued existence of the subject conditions, not the continued presence of the HPD violations, that triggered the rent-impairing bar to rent collection. 

Madison EDJ LLC v. Clerveaux: Index No. 318810/2022, 2024 NY Slip Op 30524(U), NYLJ No. 1709021485 (Civ. Ct. Kings; 2/21/24; Jiminez, J)

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