Tenant Gets 30 Percent Rent Abatement for Multiple Apartment Conditions

December 19, 2019

LVT Number: #30542

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. Based on tenant testimony and HPD violations, the trial court found there were a number of apartment conditions needing repair, including electrical outlets, kitchen cabinet, toilet, and roach infestation. The court granted tenant a 30 percent rent abatement for the period between July 2018 and March 2019, as well as a 25 percent abatement for the period between April 2019 and September 2019.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. Based on tenant testimony and HPD violations, the trial court found there were a number of apartment conditions needing repair, including electrical outlets, kitchen cabinet, toilet, and roach infestation. The court granted tenant a 30 percent rent abatement for the period between July 2018 and March 2019, as well as a 25 percent abatement for the period between April 2019 and September 2019. The total abatement was $4,750, and tenant was ordered to pay landlord $3,390.

6211 Broadway Realty v. O'Neill: 2019 NY Slip Op 51930(U), Index No. L&T 58863/18 (Civ. Ct. Bronx; 11/22/19; Black, J)

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