Tenant Gets 15-20 Percent Rent Abatement for Roof Leaks

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement.

The court ordered an inspection and found one Class "A" violation, seven Class "B" violations, and two Class "C" violations in the apartment and building. Conditions included needed painting and plastering, unsafe wiring due to exposed electrical wires at the roof bulkhead, missing copping of all parapet walls on the roof, an uncapped inactive gas outlet in the kitchen ceiling, defective smoke/carbon monoxide detector, and a defect in the fire escape. At trial tenant credibly testified that there were leaks in the apartment ceiling and stains from water intrusion since 2012 and that landlord was on notice since Spring 2013. Ceiling repairs were made in Spring 2013 but stains and leaks recurred. The damage spread from one room to several rooms. Landlord claimed that it made roof repairs in January 2014 but obtained DOB permits for roof and facade work in July 2014. The roof was replaced in September 2014, apartment repairs were completed in November 2014, and all violations from the court-ordered inspection were cleared. Notably, HPD records showed complaints from other building tenants about roof leaks.

The court ruled for tenant and gave her a 15 percent rent abatement from April 2013 through December 2013, and a 20 percent abatement from January 2014 through November 2014. The total abatement was $6,573, applied to outstanding rent of $12,284. The court gave landlord a final judgment for $6,711 through February 2015. Issuance of the eviction warrant was stayed for five days to give tenant time to pay the rent owed.

200-230 W 99 Realty LLC v. Wilson: 46 Misc.3d 1220(A), 2015 NY Slip Op 50148(U) (Civ. Ct. NY; 2/23/15; Kraus, J)