Ten Percent Abatement Awarded

February 1, 1997

LVT Number: 11265

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and gave her a 10 percent rent abatement for nine months. Tenant testified credibly that there were exposed electrical outlets in bedrooms and living room, chipping and peeling paint on windows through the apartment, inoperable closet doors, clogged toilet and bathroom basins, cracks in ceilings, broken balances and springs in windows, and missing door knobs.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and gave her a 10 percent rent abatement for nine months. Tenant testified credibly that there were exposed electrical outlets in bedrooms and living room, chipping and peeling paint on windows through the apartment, inoperable closet doors, clogged toilet and bathroom basins, cracks in ceilings, broken balances and springs in windows, and missing door knobs. These conditions existed from the time tenant moved in, which was immediately following extensive apartment renovations by landlord.

100 Mosholu Pkwy. Assoc. v. Hughes: NYLJ, p. 27, col. 1 (1/22/97) (Civ. Ct. Bronx; Thomas, J)

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