Tenant Gets Rent Abatement for Breach Not Raised Before

Landlord sued to evict tenant for nonpayment of rent. At the trial, tenant claimed a breach of the warranty of habitability. She testified that the apartment had peeling plaster, clogged drains, cracked kitchen tiles, roach infestation, and other conditions. Landlord showed that in two prior settlement agreements signed in court, tenant made no mention of any repair issues. Tenant said that she didn't mention the repairs in the stipulations because she already informed landlord by telephone and was awaiting repairs. The court ruled for tenant and gave her a rent abatement for one and 3/4 months, totaling $2,315. Tenant owed a balance of $12,503. The court didn't hold the prior stipulations against tenant. She wasn't represented by an attorney and didn't expressly waive all claims. Although the court gave landlord a judgment and warrant, eviction was delayed, and landlord was ordered to make repairs.

Cosmopolitan Associates LLC v. Zamora: NYLJ, 11/25/09, p. 28, col. 1 (Civ. Ct. Queens; Badillo, J)