Tenant Gets 50 Percent Rent Abatement Based on HPD Violations

August 21, 2018

LVT Number: #28588

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $14,000 in back rent. Tenant claimed breach of the warranty of habitability. Tenant had started an HP proceeding against landlord in February 2016, and HPD issued an inspection report at that time noting seven "B" violations in the apartment. A later December 2016 HPD report showed additional violations, including vermin. Landlord claimed that tenant kept the apartment in a cluttered condition, making repairs difficult.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, claiming that tenant owed over $14,000 in back rent. Tenant claimed breach of the warranty of habitability. Tenant had started an HP proceeding against landlord in February 2016, and HPD issued an inspection report at that time noting seven "B" violations in the apartment. A later December 2016 HPD report showed additional violations, including vermin. Landlord claimed that tenant kept the apartment in a cluttered condition, making repairs difficult. But photos of the apartment condition didn't show a direct connection to landlord's claim. The court gave tenant a 50 percent rent abatement and gave landlord a judgment for the $6,050 remaining balance due.

Dovie Realty LLC v. Lewis: Index No. 99356/16, NYLJ No. 1530433162 (Civ. Ct. Kings; 6/18/18; Marton, J)

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