Rent Abatement Excessive

February 1, 2001

LVT Number: 14764

Landlord sued tenant of luxury apartment to recover unpaid back rent. Tenant claimed breach of the warranty of habitability based on ceiling leaks from a living room skylight and loss of air-conditioning in the master bedroom. The court ruled for tenant and gave him a rent abatement of $3,000 per month for eight months. Landlord appealed and won. The rent abatement granted by the lower court was excessive. It was reduced to $963 per month for the period in question. This amount was 15 percent of tenant's rent.

Landlord sued tenant of luxury apartment to recover unpaid back rent. Tenant claimed breach of the warranty of habitability based on ceiling leaks from a living room skylight and loss of air-conditioning in the master bedroom. The court ruled for tenant and gave him a rent abatement of $3,000 per month for eight months. Landlord appealed and won. The rent abatement granted by the lower court was excessive. It was reduced to $963 per month for the period in question. This amount was 15 percent of tenant's rent.

Solow Mgmt. Corp. v. Reinicke: NYLJ, 1/29/01, p. 26, col. 1 (App. T.1 Dept.; McCooe, JP, Davis, Suarez, JJ)

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