Total Rent Abatement Not Warranted

August 31, 1995

LVT Number: 10004

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability. The court ruled for tenants in part, giving them each a 23 percent rent abatement. Tenants appealed, claiming they were entitled to a 100 percent abatement. The court ruled against tenants. Their claims were primarily based on conditions in the building's public areas, resulting from renovations and alterations in other apartments. The resulting violations didn't affect the conditions within tenants' own apartments very much. A total rent abatement wasn't called for.

Landlord sued to evict tenants for nonpayment of rent. Tenants claimed breach of the warranty of habitability. The court ruled for tenants in part, giving them each a 23 percent rent abatement. Tenants appealed, claiming they were entitled to a 100 percent abatement. The court ruled against tenants. Their claims were primarily based on conditions in the building's public areas, resulting from renovations and alterations in other apartments. The resulting violations didn't affect the conditions within tenants' own apartments very much. A total rent abatement wasn't called for.

10 East 76th Street Associates v. McNamara: NYLJ, p. 25, col. 1 (8/1/95) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

Topics

More like this