Tenant Gets 100% Rent Abatement for 44 Months Due to Defective Roof

July 25, 2024

LVT Number: #33286

Landlord sued to evict successor of deceased rent-controlled tenant for nonpayment of rent. Landlord sought $152 per month from October 2019 through August 2023. Tenant asked the court to dismiss the case, claiming that landlord failed to repair apartment defects. The court ruled for tenant in part. Because landlord had failed to make repairs to a defective roof, the court granted tenant a 100 percent rent abatement for 44 of the 46 months sought in the petition. The court also found that landlord had harassed tenant and imposed an injunction and maximum civil penalty.

Landlord sued to evict successor of deceased rent-controlled tenant for nonpayment of rent. Landlord sought $152 per month from October 2019 through August 2023. Tenant asked the court to dismiss the case, claiming that landlord failed to repair apartment defects. The court ruled for tenant in part. Because landlord had failed to make repairs to a defective roof, the court granted tenant a 100 percent rent abatement for 44 of the 46 months sought in the petition. The court also found that landlord had harassed tenant and imposed an injunction and maximum civil penalty. The court denied any further sanctions against landlord.

294 5th Ave. Realty Partners LLC v. Jimenez: Index No. LT-327208-23, NYLJ 6/10/24, p. 17, col. 1 (Civ. Ct. Kings; 6/10/24; Bacdayan, J)

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