Tenant Gets Rent Abatement for Foul Kitchen Odor

Landlord sued to evict tenant for nonpayment of rent, seeking $13,000 in arrears. Tenant claimed breach of the warranty of habitability due to a foul odor coming from her kitchen almost immediately after she moved into the apartment in January 2014. Tenant commenced an HP action after the condition wasn't corrected, and the court found landlord responsible for civil penalties from failure to correct the odor issue in a timely manner.  Tenant went back to court in June 2016 as the odor persisted, and complained in January 2017 to the DHMH Environmental Health Division, which also found a foul odor existed. The housing court found that tenant was entitled to an abatement from 2014 until the end of 2016 when the condition was finally corrected. The court gave tenant an abatement of $4,531 and ruled that landlord was entitled to $8,415 in back rent.

River Park Residences, LP v. Davis: Index No. L&T #61891/16, NYLJ No. 1202783907091 (Civ. Ct. Bronx; 3/20/17; Tao, J)