Tenant Not Entitled to Rent Abatement

February 1, 1994

LVT Number: 8573

Suffolk County landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on another tenant's cooking odors, squirrels in the attic, and no shower or air conditioner. The trial court ruled for tenant, giving tenant a 10 percent rent abatement for rent already paid, a full two months' rent abatement, and attorney's fees. Landlord appealed, and the appeals court ruled for landlord. It was improper to give tenant a rent abatement for rent already paid.

Suffolk County landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on another tenant's cooking odors, squirrels in the attic, and no shower or air conditioner. The trial court ruled for tenant, giving tenant a 10 percent rent abatement for rent already paid, a full two months' rent abatement, and attorney's fees. Landlord appealed, and the appeals court ruled for landlord. It was improper to give tenant a rent abatement for rent already paid. The defense of breach of the warranty of habitability can only be used as a setoff against rent yet to be paid. And by the time tenant made this claim, the conditions had been corrected.

Brookwood Management Co. v. Jensen: NYLJ, p. 27, col. 2 (1/5/94) (App. T. 2 Dept.; DiPaola, PJ, Collins, Luciano, JJ)

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