Tenant Gets Abatement for Various Conditions

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. She said there were holes in the floor, patches of linoleum were missing, the stove didn't work properly, bathroom ceiling plaster was falling down, water dripped under the kitchen sink, there was no heat or hot water for extended periods, and rats got into the apartment. Tenant showed photographs of these conditions. There were also immediately hazardous violations on record. Landlord showed that some repairs had been made since tenant first complained about these conditions. Court: Tenant wins. The court gave tenant a 30-percent rent abatement for four months, then 25 percent for one month, and 10 percent for one month. For more recent months, when tenant paid no rent, the court couldn't award an abatement, but the court encouraged tenant not to pay rent until all repairs were made.

Lin v. Brabham: NYLJ, p. 34, col. 4 (1/17/96) (Civ. Ct. Kings; Gould, J)