20% Abatement for Water Leaks

March 1, 1994

LVT Number: 8638

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court ruled for tenant, and gave him a 20 percent rent abatement for water leaks. Landlord appealed. The appeals court found that the abatement, totalling over $14,000 for a period of 23 months, was within permissible limits. The court ruled against landlord.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The trial court ruled for tenant, and gave him a 20 percent rent abatement for water leaks. Landlord appealed. The appeals court found that the abatement, totalling over $14,000 for a period of 23 months, was within permissible limits. The court ruled against landlord.

Fifty CPW Tenants Corporation v. Stein: NYLJ, p. 23, col. 4 (2/3/94) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)

Topics

More like this