Tenant Gets Rent Abatement for Vermin Infestation

December 1, 2010

LVT Number: #23077

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for tenant in part, giving him a 15 percent rent abatement for five months and a 5 percent abatement for an additional month. So tenant owed landlord $8,872 after a total abatement of $946. Landlord appealed and lost. The trial court's finding that landlord didn't make timely repairs or properly correct mouse and roach infestations for the months in question was supported by the record, which included tenant's testimony and the court's own inspection.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. The court ruled for tenant in part, giving him a 15 percent rent abatement for five months and a 5 percent abatement for an additional month. So tenant owed landlord $8,872 after a total abatement of $946. Landlord appealed and lost. The trial court's finding that landlord didn't make timely repairs or properly correct mouse and roach infestations for the months in question was supported by the record, which included tenant's testimony and the court's own inspection. Landlord's claim that tenant caused the infestations and made it impossible for landlord to exterminate effectively was contradicted by testimony by both tenant and landlord's exterminator.

Hillside Place, LLC v. Lewis: 2010 NY Slip Op 52056(U), 2010 WL 4868094 (App. T. 2 Dept.; 11/26/10; Pesce, PJ, Golia, Steinhardt, JJ)

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