Tenant Gets 15 Percent Rent Abatement for Ceiling Leaks

July 31, 2008

LVT Number: #20596

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $26,233. Tenant had remained in the apartment after her Section 8 rent subsidy was terminated and now owed full rent. Tenant claimed breach of warranty of habitability. She said that there were mice, roaches, and mold in her apartment. The court ruled for tenant in part. There was no proof of any conditions in the apartment except ceiling leaks. The court gave tenant a 15 percent rent abatement and found that she owed $16,503. The court granted landlord a final judgment of possession.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed $26,233. Tenant had remained in the apartment after her Section 8 rent subsidy was terminated and now owed full rent. Tenant claimed breach of warranty of habitability. She said that there were mice, roaches, and mold in her apartment. The court ruled for tenant in part. There was no proof of any conditions in the apartment except ceiling leaks. The court gave tenant a 15 percent rent abatement and found that she owed $16,503. The court granted landlord a final judgment of possession.

Baldwin Merrick Associates v. Relles: NYLJ, 7/16/08, p. 29, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)

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