Tenant Gets 80 Percent Rent Abatement for Uncorrected Violations

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed back rent for the period between January 2011 and November 2013. Tenant claimed that apartment conditions breached the warranty of habitability. Tenant had lived in the apartment for 45 years. HPD inspection of the apartment resulted in two Class "A" violations, eight Class "B" violations, and one Class "C" violation. Conditions included a broken toilet, damaged floors, leaking faucets in the bathtub, a defective entrance door, and a defective bathroom sink. Painting and plastering were needed, as well as repairs to window balances, a cabinet under the sink, and a defective radiator valve. By the time of trial in 2014, only the windows had been repaired. The court granted tenant an 80 percent rent abatement for the period between May 2011 and May 2014. Since no rent was paid between April 2011 through May 2014, tenant owed landlord $3,500. A judgment was entered and issuance of an eviction warrant stayed for five days for payment. Landlord also was directed to correct all open violations within 30 days.

Kiss v. Castellanos: 43 Misc.3d 1227(A), 2014 NY Slip Op 50823(U) (Civ. Ct. NY; 5/20/14; Kraus, J)