Tenant Gets Full Rent Abatement Based on Apartment's Uninhabitable Condition
LVT Number: #33095
Landlord NYCHA sued to evict tenant for nonpayment of rent. Landlord and tenant stipulated in 2020 that tenant would pay $4,929 owed by March 2020. Landlord was granted a final judgment of possession and a money judgment. Tenant then failed to make payment due to the pandemic. Landlord later moved to restore the case to the court's calendar and sought subsequently accrued rent arrears. Tenant asked the court to vacate the stipulation. The court didn't vacate the stipulation but held a hearing to address tenant's claim that there was a breach of the warranty of habitability post-stipulation. After the hearing, the court then found that tenant was living with egregious conditions, including roach, spider, and mice infestations throughout the apartment, including the bathroom and kitchen. This rendered the unit uninhabitable. The court granted tenant a full rent abatement and ordered a temporary relocation while the apartment was being repaired by landlord.
NYCHA v. Barrett: Index No. LT-010134-2020, 2024 NY Slip Op 50027(U), 81 Misc 3d 1229(A)(Civ. Ct. Queens; 1/4/24; Sanchez, J)