Tenant Gets 17 Percent Rent Abatement

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant stopped paying rent in March 2011, and landlord claimed that $22,568 was outstanding to date and that tenant's monthly rent due was $1,329. Tenant claimed rent overcharge and breach of the warranty of habitability, and had refused to sign the renewal lease for the latest rent increase.

The court ruled for tenant after a trial. Landlord didn't sufficiently document individual apartment improvements it claimed were made to the kitchen before tenant moved in. Tenant's photographs showed in fact that improvements such as a double sink and new cabinets weren't installed. Any work done was in the nature of repairs. In addition, there was an existing rent reduction order that reduced tenant's legal rent by a guidelines increase and froze it. There was a total overcharge of $10,340, including triple damages, and tenant's legal rent was presently $955. In addition, tenant was entitled to a 17 percent rent abatement for the period between January 2010 and July 2012 for conditions cited in HPD violations during this period. These included violations for mold, leaks, and vermin. The DHCR rent reduction didn't preclude the additional rent abatement, which totaled $4,235. Ultimately, tenant owed landlord only $1,826.

Ernest and Maryanna Jeremias Family Partnership, LP v. Matas: Index No. 053858/12, NYLJ No. 12025696019899 (Civ. Ct. Kings; 4/15/13; Scheckowitz, J)