Tenant with No Gas Service Gets Rent Abatement of $20 per Day

February 15, 2018

LVT Number: #28208

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she withheld rent due to needed repairs and said that the apartment had no gas service for over nine months. The court ruled for tenant, finding a breach of warranty of habitability. Landlord offered no explanation for why Con Edison didn't begin working on restoration until five months after the gas was shut off. The court gave tenant an abatement of $20 per day to cover the cost of prepared foods, and otherwise gave landlord a judgment of possession and money judgment for the balance of outstanding rent.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that she withheld rent due to needed repairs and said that the apartment had no gas service for over nine months. The court ruled for tenant, finding a breach of warranty of habitability. Landlord offered no explanation for why Con Edison didn't begin working on restoration until five months after the gas was shut off. The court gave tenant an abatement of $20 per day to cover the cost of prepared foods, and otherwise gave landlord a judgment of possession and money judgment for the balance of outstanding rent.

2363 S. Blvd LLC v. Liboy: Index No. 13500/17, NYLJ No. 1515147355 (Civ. Ct. Bronx; 12/15/17; Spears, J)

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