Tenant Gets 30 Percent Rent Abatement for Mold and Leaks

February 17, 2015

LVT Number: #25972

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked the court to grant a 30 percent rent abatement based on apartment conditions. At a hearing tenant proved that, although landlord did some work, there were violations and chronic water leaks and mold. The court ruled for tenant and gave him a 30 percent rent abatement for a two-year period.

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked the court to grant a 30 percent rent abatement based on apartment conditions. At a hearing tenant proved that, although landlord did some work, there were violations and chronic water leaks and mold. The court ruled for tenant and gave him a 30 percent rent abatement for a two-year period.

River Park Residences LP v. Wims: Index No. L&T 51580/13, NYLJ No. 1202716111524 (Civ. Ct. Bronx; 1/8/15; Kullas, J)

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