Tenant Gets 60% Rent Abatement for Ongoing Leaks

August 9, 2012

LVT Number: #24260

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability due to ongoing leaks from the ceiling of his top-floor studio apartment. At trial, tenant showed that the leaks had begun in October 2008 and that damage continued through September 2010. The court ruled for tenant and gave him a 60 percent rent abatement for the period between April 2009 and September 2010. Tenant got a total abatement of $10,000 and was ordered to pay landlord $1,600. Landlord appealed and lost.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability due to ongoing leaks from the ceiling of his top-floor studio apartment. At trial, tenant showed that the leaks had begun in October 2008 and that damage continued through September 2010. The court ruled for tenant and gave him a 60 percent rent abatement for the period between April 2009 and September 2010. Tenant got a total abatement of $10,000 and was ordered to pay landlord $1,600. Landlord appealed and lost. Evidence at trial showed that landlord made ineffective superficial repairs and that substantial damage persisted for an extended period of time. The trial court fairly interpreted the evidence in making its decision.

Strategic Development, LLC v. Benner: 36 Misc.3d 135(A), NY Slip Op 51352(U) (App. T. 2 Dept.; 7/13/12; Pesce, PJ, Weston, Rios, JJ)

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