Tenant Gets $10,000 Rent Abatement

December 1, 2010

LVT Number: #23074

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. She said that there was persistent flooding for 23 months, which caused her bathroom ceiling to collapse. There were also significant periods where the water was shut off in connection with the flooding. The court ruled for tenant and awarded her a rent abatement of $10,140, leaving landlord with a net $660 of rent due. Landlord appealed and lost. There was ample trial evidence to support the court's decision. It didn't matter that the water damage was caused by another tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability. She said that there was persistent flooding for 23 months, which caused her bathroom ceiling to collapse. There were also significant periods where the water was shut off in connection with the flooding. The court ruled for tenant and awarded her a rent abatement of $10,140, leaving landlord with a net $660 of rent due. Landlord appealed and lost. There was ample trial evidence to support the court's decision. It didn't matter that the water damage was caused by another tenant. Landlord had an obligation to maintain the premises in a habitable condition. The abatement, although substantial, was reasonable and wasn't limited to the amount of unpaid rent sought by landlord.

Heights 170 LLC v. York: 2010 NY Slip Op 52045(U), 2010 WL 4860887 (App. T. 1 Dept.; Shulman, JP, McKeon, Schoenfeld, JJ)

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