Tenant with DHCR Rent Reduction Can Still Seek Rent Abatement

January 11, 2013

LVT Number: #24526

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability and asked for a rent abatement. Landlord asked the court to dismiss this claim without a trial because tenant already had received a rent reduction order from the DHCR. The court ruled against landlord. While a rent reduction order may be the basis upon which to offset a rent abatement, it isn't a total bar to recovery of a rent abatement. Tenant could present this defense and counterclaim at trial.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability and asked for a rent abatement. Landlord asked the court to dismiss this claim without a trial because tenant already had received a rent reduction order from the DHCR. The court ruled against landlord. While a rent reduction order may be the basis upon which to offset a rent abatement, it isn't a total bar to recovery of a rent abatement. Tenant could present this defense and counterclaim at trial.

101 Cooper Street LLC v. McCune: 37 Misc.3d 1231(A), 2012 NY Slip Op 52255(U) (Civ. Ct. NY; 12/12/12; Stoller, J)

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