Warrant Delayed Pending Tenant's Claim for Rent Abatement

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant, through their attorneys, signed a court-ordered agreement settling the case. Tenant paid landlord $5,700 and agreed to pay the remaining $1,500 in back rent in monthly payments of $75 in addition to the current rent as it became due. Tenant consented to a judgment of possession in landlord's favor. Under the agreement, landlord could ask the court to issue an eviction warrant if tenant didn't make the agreed upon payments. When tenant didn't make the first payment due under the agreement, landlord asked the court to issue the eviction warrant. Tenant then claimed she should get a rent abatement for breach of the warranty of habitability. Landlord argued that the agreement barred tenant from making this claim now. Court: Landlord loses. The eviction warrant hadn't been issued yet, so tenant could raise the warranty of habitability issue with regard to current rent owed. The agreement called for any payment by tenant to be applied to current rent first, so it couldn't be determined what tenant owed until the court ruled on whether tenant could get a rent abatement for the various conditions she claimed existed in the apartment.

725 70th St. Corp. v. Molino: NYLJ, p. 29, col. 5 (4/21/99) (Civ. Ct. Kings; Wendt, J)