Tenant Gets $6,000 Rent Abatement for Apartment Conditions

Landlord sued to evict rent-stabilized tenant for nonpayment of rent totaling $18,000, at $620 per month. Tenant denied the charge and claimed breach of the warranty of habitability, laches, and improper building registration. The court ruled for tenant in part. Tenant didn't prove laches, but landlord couldn't seek rent for any period after May 31, 2013, when tenant's last renewal lease expired, because there was no proof of a subsequent renewal offer or agreement to pay rent, and no deemed renewal was permissible. This left total arrears at $12,475. As to apartment conditions, HPD records showed that since 2010, and upon reinspection in 2012, there were broken plaster walls and ceilings throughout the apartment, missing carbon monoxide and smoke detectors, a defective window in one room, defective kitchen cabinets, defective wood floors throughout, mouse infestation, a  defective bathroom cabinet, adefective kitchen counter top, defective electric outlets, and mold. Landlord offered no proof or testimony about any attempts to make repairs or correct the violations. None of the violations were certified to HPD as corrected, although tenant admitted that a few had been corrected. The court gave tenant a 20 percent rent abatement for the period from January 2010 through August 2010, and 25 percent for September 2010 through May 2013. After subtracting the rent abatement, tenant owed $6,500. The court awarded landlord a final judgment with issuance of the warrant stayed five days for payment. Landlord also was ordered to correct the outstanding violations within 30 days. 

West 161, LLC v. Reynolds: 43 Misc.3d 1209(A), 2014 NY Slip Op 50550(U) (Civ. Ct. NY; 4/7/14; Kraus, J)