Tenant Gets 70 Percent Rent Abatement After Superstorm Sandy

Landlord sued to evict Far Rockaway tenants in January 2013 and claimed that they owed rent of $1,200 per month for the months of July 2012 through February 2013. Tenants moved out in February 2013. They disputed the arrears for the period between November and February, claiming a breach of the warranty of habitability. They asked for a rent abatement. Landlord agreed to forgo rent for the month of November. The apartment was on the top floor of landlord's house, and part of the roof blew off during Superstorm Sandy on Oct. 29. After that, both bedroom ceilings partially collapsed and the walls and furniture developed a tremendous amount of mold. Tenants moved out temporarily in November and claimed that there was no heat when they returned in December. Child Services relocated the family in mid-January based on concerns over the apartment conditions. Landlord claimed that tenants wouldn't give access for repairs. The court ruled for tenants and gave them a 70 percent abatement for the period between November and February. While providing essential services to tenants may have been beyond landlord's control following the storm, there were questions as to how timely landlord's repair efforts were.

Senat v. Nichols: NYLJ No. 1202600225916, Index No. L&T85978/12 (Civ. Ct. Queens; 4/23/13; Badillo, J)