Tenant Gets 70% Rent Abatement

December 1, 2000

LVT Number: 14620

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Tenant submitted to the court photographs of current conditions in the apartment, an inspection report showing 29 violations, and a copy of a settlement agreement in a prior nonpayment case where landlord agreed to repair 12 conditions by November 1999. Court: Landlord loses. There was an inexcusable breach of the warranty of habitability. Tenant was deprived of 70 percent of the use of her apartment for over a year.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Tenant submitted to the court photographs of current conditions in the apartment, an inspection report showing 29 violations, and a copy of a settlement agreement in a prior nonpayment case where landlord agreed to repair 12 conditions by November 1999. Court: Landlord loses. There was an inexcusable breach of the warranty of habitability. Tenant was deprived of 70 percent of the use of her apartment for over a year. The court gave tenant a 70 percent rent abatement for this period.

Lencar Realty Co. v. Cuthbert: NYLJ, 11/22/00, p. 33, col. 3 (Civ. Ct. Bronx; Spears, J)

Topics

More like this