10 Percent Abatement for Leak

January 1, 1999

LVT Number: 12935

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability due to a leak in the bathroom ceiling. Landlord showed that it had fixed the leak. The court ruled for landlord, finding that tenant owed $4,400 in back rent, and tenant appealed. The appeals court ruled for tenant in part. Although landlord had fixed the condition, it had existed for a while before this was done. So tenant could get a 10 percent rent abatement for the period during which the leak was present.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability due to a leak in the bathroom ceiling. Landlord showed that it had fixed the leak. The court ruled for landlord, finding that tenant owed $4,400 in back rent, and tenant appealed. The appeals court ruled for tenant in part. Although landlord had fixed the condition, it had existed for a while before this was done. So tenant could get a 10 percent rent abatement for the period during which the leak was present.

Rego Realty v. Grossman: NYLJ, p. 35, col. 5 (12/18/98) (App. T. 2 Dept.; Kassoff, PJ, Aronin, Chetta, JJ)

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