Rent Abatement Granted for Lack of Hot Water and Water Pressure

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. As to the odor, since neither tenant's expert nor the City Code Dept. made any independent finding of any odor, the court dismissed this claim. There was a lack of hot water and hot water pressure. This impaired tenant's ability to wash clothes and therefore breached the implied warranty of habitability. The court found that landlord intended to interfere with tenant's enjoyment of her apartment to induce her to vacate by tampering with the water, in violation of RPAPL Section 768(1)(a). However, while landlord violated RPAPL Section 768, tenant can't seek to enforce the statute's civil penalty provision under RPAPL Section 768(2)(b) in the context of a private civil court action. Finally, tenant owed five months' rent totalling $4,875. The court gave tenant an abatement of $900 and awarded landlord a judgment for $3,975.

Avignone v. Valigorski: Index No. SC-145-20, 2020 NY Slip Op 20336 (City Ct. Albany; 12/12/20; Marcelle, J)