Tenant Gets 25 Percent Rent Abatement

August 15, 2014

LVT Number: #25696

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed breach of the warranty of habitability and rent overcharge. The court ruled for tenant. Landlord was on notice of conditions, including mice and obstructions and defects in the bathtub waste line since September 2012 but didn't make repairs until December 2013. The court gave tenant a 25 percent rent abatement for this period. In addition, landlord failed to prove it had made individual apartment improvements before tenant moved into the apartment. At most, it made repairs.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed breach of the warranty of habitability and rent overcharge. The court ruled for tenant. Landlord was on notice of conditions, including mice and obstructions and defects in the bathtub waste line since September 2012 but didn't make repairs until December 2013. The court gave tenant a 25 percent rent abatement for this period. In addition, landlord failed to prove it had made individual apartment improvements before tenant moved into the apartment. At most, it made repairs. So tenant was overcharged. The court ordered landlord to refund $9,000, including triple damages.

R&O Management v. Allen: Index No. 87968/12, NYLJ No. 1202661511679 (Civ. Ct. Kings; 6/18/14; Marton, J)

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