Tenant Gets Rent Abatement for Apartment Flooding

January 1, 2011

LVT Number: #23082

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for tenant after trial and gave tenant a substantial rent abatement. Landlord appealed and lost. At trial, tenant proved there was persistent flooding to his apartment over 23 months, causing the collapse of the bathroom ceiling and frequent water shut-offs. It didn't matter that the water damage was caused by another tenant's conduct. Landlord was responsible for maintaining the building in a habitable condition.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for tenant after trial and gave tenant a substantial rent abatement. Landlord appealed and lost. At trial, tenant proved there was persistent flooding to his apartment over 23 months, causing the collapse of the bathroom ceiling and frequent water shut-offs. It didn't matter that the water damage was caused by another tenant's conduct. Landlord was responsible for maintaining the building in a habitable condition. The rent abatement awarded was reasonable and wasn't limited to the amount of unpaid rent sought by landlord.

Heights 170 LLC v. York: NYLJ, 12/3/10, p. 26, col. 1 (App. T. 1 Dept.; Shulman, JP, McKeon, Schoenfeld, JJ)

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