Tenant Not Entitled to 100% Rent Abatement

April 30, 1997

LVT Number: 11488

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and gave him a 100 percent rent abatement for past rent owed and also for future rent until landlord made repairs. Landlord appealed and won, reducing the amount of the rent abatement to approximately one-third of tenant's monthly rent. The conditions in tenant's apartment didn't warrant a complete rent abatement. The court also revoked any rent abatement for future rent due.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and gave him a 100 percent rent abatement for past rent owed and also for future rent until landlord made repairs. Landlord appealed and won, reducing the amount of the rent abatement to approximately one-third of tenant's monthly rent. The conditions in tenant's apartment didn't warrant a complete rent abatement. The court also revoked any rent abatement for future rent due.

Oberlander v. Taylor: NYLJ, p. 35, col. 3 (4/8/97) (App. T. 2 Dept.; DiPaola, PJ, Stark, Collins, JJ)

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