Tenant Gets 100% Rent Abatement for Period Apartment Was Uninhabitable After Fire

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she was entitled to a six-month rent abatement after a fire left her apartment uninhabitable for a period of time. Landlord argued that tenant wasn't entitled to any abatement because it claimed that tenant was responsible for the fire. Landlord also disputed tenant's claim that she was displaced for six months. After an abatement hearing, the court ruled for tenant in part. Tenant was granted a judgment for $4,284 based on breach of warranty of habitability. But landlord was awarded $55,424 for back rent owed through July 26, 2024, and a warrant of eviction was issued. Tenant testified credibly that a fire left the apartment uninhabitable and this was supported by an FDNY report and photographs. There was no testimony from any expert or licensed professional to prove that the fire was caused by tenant's misconduct. And, without more, the FDNY report doesn't constitute proof of misconduct or negligence. The court found that tenant was entitled to a 100 percent rent abatement for the months of July through September 2021. Although the apartment was restored by the end of August 2021, remaining electrical problems were sufficient enough to warrant an additional month's abatement. 

Clarendon Gardens LLC v. Wilson: Index No. 096759/18, 2024 NY Slip Op 50896(U)(Civ. Ct. Kings; 7/5/24, Donoghue, J)