Tenant Gets 35 Percent Rent Abatement for Apartment Conditions

April 27, 2017

LVT Number: #27634

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were conditions in the apartment that violated the warranty of habitability. After trial, the court ruled that tenant owed landlord $11,212 in back rent after giving tenant a 35 percent rent abatement for mouse infestation, and no heat or hot water from November 2015 through August 2016. Tenant admitted not giving access on certain dates, but the HPD website also confirmed violations and tenant showed that the conditions negatively affected her family.

 

 

 

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were conditions in the apartment that violated the warranty of habitability. After trial, the court ruled that tenant owed landlord $11,212 in back rent after giving tenant a 35 percent rent abatement for mouse infestation, and no heat or hot water from November 2015 through August 2016. Tenant admitted not giving access on certain dates, but the HPD website also confirmed violations and tenant showed that the conditions negatively affected her family.

 

 

 
Brooks Family Holdings LLC v. Morrison: Index No. 65263/15, NYLJ No. 1202781160442 (Civ. Ct. Queens; 2/10/17; Nembhard, J)

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