Tenant Gets 40 Percent Rent Abatement for Apartment Conditions

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant, who had three minor children, claimed breach of the warranty of habitability and requested a rent abatement. The court ruled for tenant after a hearing. Tenant had complained about a number of apartment conditions, and HPD had issued violations. Still, landlord made few or no repairs. Among other items noted by HPD were rat and cockroach infestation, peeling lead paint, no window guards, leak stains throughout the apartment, broken and defective wood floors, scratched and peeled linoleum tiles, a broken kitchen light fixture, broken kitchen and bedroom window spring balance, missing bathroom door, rusted bathtub, missing carbon monoxide detector and smoke alarm, and a damaged front entrance door. Tenant owed two months' rent, totaling $2,700. The court gave tenant a 40 percent rent abatement for 14 months, totaling $5,900. Landlord must give tenant a credit toward future rent until the abatement was fully credited. 

100 W 174 LLC v. Haskins: 2014 NY Slip Op 51673(U), 2014 WL 6710901 (Civ. Ct. Bronx; 11/26/14; Vargas, J)