Tenant Gets 35 Percent Rent Abatement for Water Damage

Landlord sued to evict tenant for nonpayment of rent, claiming tenant owed $93,500. Tenant claimed breach of the warranty of habitability and constructive eviction and asked for a 60 percent rent abatement. The court ruled for tenant in part. A fire in an upstairs apartment with a leak caused water damage to tenant’s unit. Tenant claimed there was mold. Tenant impeded landlord’s efforts to gain access, and landlord never took steps to force the issue. There was no constructive eviction but there was a breach of warranty. The court gave tenant a 35 percent rent abatement for the period between May 15, 2014, and April 14, 2015. Tenant still owed landlord $54,675.

Jeddah Madison Corp. v. Vornea: Index No. L&T 71375/14, NYLJ No. 1202726748041 (Civ. Ct. NY; 5/11/15; Kraus, J)