Tenant Gets Substantial Rent Abatement for Apartment Conditions

Landlord sued to evict rent-controlled tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court ruled for tenant, and awarded tenant a rent abatement of over $30,000. This left a rent balance of $3,325 owed. The abatement was based on specific findings concerning a number of conditions and HPD violations for the apartment for different numbers of months. The court assigned a percentage amount to various conditions. These included a 1 percent abatement for a beeping smoke detector; 16 percent for loose kitchen floor tiles, leaky faucet, and other conditions; 15 percent for a nonworking stove; 4 percent for an obstructed toilet; and 6 percent for ongoing bathroom sink leaks.

Big Apple Corp. v. Merin: Index No. 320225/2022, 2024 NY Slip Op 33329(U)(Civ. Ct. NY; 9/16/24; Stoller, J)