Tenant Gets 11 Percent Rent Abatement for Apartment Conditions

January 28, 2019

LVT Number: #29877

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on apartment conditions. Tenant claimed that the toilet was inoperable, but the building super testified that the toilet was clogged from chicken and ham hock bones that tenant threw in there. Tenant also claimed that there were rats that caused his dogs to chew holes in the walls. Landlord had started a separate holdover proceeding against tenant based on nuisance. In the nonpayment proceeding, the court found five conditions that did warrant an 11 percent rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on apartment conditions. Tenant claimed that the toilet was inoperable, but the building super testified that the toilet was clogged from chicken and ham hock bones that tenant threw in there. Tenant also claimed that there were rats that caused his dogs to chew holes in the walls. Landlord had started a separate holdover proceeding against tenant based on nuisance. In the nonpayment proceeding, the court found five conditions that did warrant an 11 percent rent abatement. The court issued a judgment of possession to landlord if tenant failed to pay $1,895 in outstanding rent.

Maxwell Dev. LP v. France: Index No. LT-083272/17, NYLJ No. 1545027500 (Civ. Ct. NY; 11/1/18; Ramseur, J)

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