Tenant Gets 60 Percent Rent Abatement for Apartment Conditions

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court.  By the time of trial, tenant owed $5,000 and claimed there were conditions in the apartment that landlord hadn't repaired, despite a court agreement to do so. The court ruled for tenant and found a breach of the warranty of habitability due to mold, missing floor tiles, leaks, and other dangerous apartment conditions. The court gave tenant a 60 percent rent abatement for the period from July 2014 to February 2015, and a 50 percent abatement for the period between March and July 2015 based on repairs that remained uncompleted after inspection.

NYCHA Melrose Houses v. Velasquez: Index No. 809011/14, NYLJ No. 1202738558723 (Civ. Ct. Bronx; 9/15/15; Rodriguez, J)