Unremedied Rodent Infestation

December 1, 2004

LVT Number: 17784

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant in part. Landlord proved the cost of improvements made to the apartment during vacancy. So landlord was entitled to a 1/40th rent increase. But tenant proved rodent infestation in the apartment and was entitled to a 15 percent rent abatement. So the amount of back rent due landlord was reduced.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed rent overcharge and breach of the warranty of habitability. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant in part. Landlord proved the cost of improvements made to the apartment during vacancy. So landlord was entitled to a 1/40th rent increase. But tenant proved rodent infestation in the apartment and was entitled to a 15 percent rent abatement. So the amount of back rent due landlord was reduced.

Jermaine v. Boyd, NYLJ, 11/8/04, p. 28, col. 2 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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