Removal of Porch Was Partial Eviction

December 1, 1999

LVT Number: 13696

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed partial eviction because landlord had removed a screened-in porch outside tenant's apartment. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. The porch was a substantial part of the living and storage space that tenant rented. Landlord's unauthorized removal of the porch was a partial eviction, and tenant was entitled to a full rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed partial eviction because landlord had removed a screened-in porch outside tenant's apartment. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant. The porch was a substantial part of the living and storage space that tenant rented. Landlord's unauthorized removal of the porch was a partial eviction, and tenant was entitled to a full rent abatement.

Donovan v. Gerbino: NYLJ, p. 36, col. 5 (11/22/99) (App. Div.2 Dept.; Aronin, JP, Scholnick, Patterson, JJ)

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