Tenant Gets Rent Abatement for Non-Working Fireplace

February 17, 2015

LVT Number: #25969

Landlord sued to evict tenant for nonpayment of rent. Monthly rent was $16,500 and by the time of trial, landlord claimed that tenant owed over $99,000. Tenant asked for a rent abatement for breach of the warranty of habitability since September 2013. Tenant claimed that there was severe construction noise, dust and vibrations from the building next door, closing off of windows, and that her fireplace and chimney were unusable. The court ruled that landlord wasn't responsible for the conditions tenant cited, except for the non-working fireplace between September 2013 and February 2014.

Landlord sued to evict tenant for nonpayment of rent. Monthly rent was $16,500 and by the time of trial, landlord claimed that tenant owed over $99,000. Tenant asked for a rent abatement for breach of the warranty of habitability since September 2013. Tenant claimed that there was severe construction noise, dust and vibrations from the building next door, closing off of windows, and that her fireplace and chimney were unusable. The court ruled that landlord wasn't responsible for the conditions tenant cited, except for the non-working fireplace between September 2013 and February 2014. Although a woodburning fireplace wasn't an essential service, it was clearly provided for in tenant's lease. The court gave tenant a 2 percent rent abatement totaling $1,650.

65E92 LLC v. Kroell: 46 Misc.3d 1209(A), 2015 NY Slip Op 50024(U) (Civ. Ct. NY; 1/9/15; Kraus, J)

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