Tenant Gets 15 Percent Rent Abatement for Lack of Gas Service

LVT Number: #26785

Landlord sued to evict rent-stabilized tenant for nonpayment of rent at $3,081 per month. Among other things, tenant claimed breach of the warranty of habitability based on lack of gas service for several months. The court ruled for tenant and gave her a 15 percent rent abatement for lack of gas from October 2015 through January 2016, totalling $1,849. Tenant owed landlord $33,800 in back rent through January 2016.

 

 

Landlord sued to evict rent-stabilized tenant for nonpayment of rent at $3,081 per month. Among other things, tenant claimed breach of the warranty of habitability based on lack of gas service for several months. The court ruled for tenant and gave her a 15 percent rent abatement for lack of gas from October 2015 through January 2016, totalling $1,849. Tenant owed landlord $33,800 in back rent through January 2016.

 

 
B-U Realty Corp. v. Kiebert-Boss: 50 Misc.4d 1220(A), 2016 NY Slip Op 50180(U) (Civ. Ct. NY; 2/9/16; Kraus, J)