Rent Abatement Granted for Lack of Hot Water and Water Pressure

LVT Number: #31177

Tenant sued landlord, claiming breach of the implied warranty of habitability. She said that landlord refused to remediate loud noises and bad smells or to provide hot water and adequate water pressure. Tenant sought a civil penalty under RPAPL Section 768. In response, landlord claimed nonpayment of rent. Noting conflicting testimony, the trial court found that tenant failed to prove there were loud noises created by landlord that interfered with her quiet enjoyment and therefore no breach of the warranty of habitability.

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