Tenant Gets Rent Abatement Based on HPD Violations

April 7, 2012

LVT Number: #23993

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability and asked for a rent abatement. The court ruled for tenant. HPD records showed there were 154 open violations in tenant's apartment. And a follow-up court inspection showed that landlord had failed to remedy any of the 44 areas in the apartment found to have lead. Landlord's claim that most of the violations didn't exist and that tenant somehow got the violations placed on HPD's computer wasn't believable.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability and asked for a rent abatement. The court ruled for tenant. HPD records showed there were 154 open violations in tenant's apartment. And a follow-up court inspection showed that landlord had failed to remedy any of the 44 areas in the apartment found to have lead. Landlord's claim that most of the violations didn't exist and that tenant somehow got the violations placed on HPD's computer wasn't believable. The court awarded tenant a 60 percent abatement for five months, and another 40 percent abatement for six months when rent had been paid.

Liverpool v. Pierre: Index No. 108116/11, NYLJ No. 1202544431951 (Civ. Ct. Kings; 2/15/12; Finkelstein, J)

Topics

More like this