Tenant Gets Rent Abatement for Mold and Mildew

November 24, 2015

LVT Number: #26630

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent, and landlord agreed to make repairs. When landlord failed to make repairs as agreed, the agreement was vacated and HPD inspected the apartment, finding mold and mildew. The court ruled for tenant, finding that landlord knew or should have known of hazardous conditions in the apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent, and landlord agreed to make repairs. When landlord failed to make repairs as agreed, the agreement was vacated and HPD inspected the apartment, finding mold and mildew. The court ruled for tenant, finding that landlord knew or should have known of hazardous conditions in the apartment. The court gave tenant a 60 percent rent abatement for July 2014 through February 2015, as well as a 50 percent abatement for March through July 2015.

 

 
NYCHA Melrose Houses v. Velasquez: Index No. 809011/14, NYLJ No. 1202738939814 (Civ. Ct. Bronx; 9/15/15; Rodriguez, J)

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