Tenant Gets 5% Rent Abatement

June 30, 2010

LVT Number: #22722

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of warranty of habitability. The court awarded tenant a small rent abatement. Tenant appealed and won. Tenant claimed that the rent abatement was insufficient. The appeals court increased the rent abatement to 5 percent of tenant’s rent for periods that there were elevator service and heating system problems at the building. This represented the difference between the fair market value of the apartment under the lease and the actual value during the breach period.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of warranty of habitability. The court awarded tenant a small rent abatement. Tenant appealed and won. Tenant claimed that the rent abatement was insufficient. The appeals court increased the rent abatement to 5 percent of tenant’s rent for periods that there were elevator service and heating system problems at the building. This represented the difference between the fair market value of the apartment under the lease and the actual value during the breach period.

520 West 43rd Street Partners, LLC v. Olawoyin: NYLJ, 6/2/10, p. 32, col. 4 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Shulman, JJ)

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