Tenant Gets 15 Percent Rent Abatement for Period Without Gas

June 24, 2019

LVT Number: #30189

Landlord sued to evict tenant for nonpayment of rent. Tenant in turn sought a rent abatement for lack of gas in his apartment. Con Ed had shut off gas for the entire building in December 2017. The gas was restored to all units except tenant's on Jan. 14, 2019, when tenant was expected in court. Landlord told tenant to reschedule Con Ed's visit to restore gas, but was informed that only landlord could request Con Ed access. Landlord gave tenant a 10 percent rent abatement through May 2019 but claimed tenant still owed $16,000.

Landlord sued to evict tenant for nonpayment of rent. Tenant in turn sought a rent abatement for lack of gas in his apartment. Con Ed had shut off gas for the entire building in December 2017. The gas was restored to all units except tenant's on Jan. 14, 2019, when tenant was expected in court. Landlord told tenant to reschedule Con Ed's visit to restore gas, but was informed that only landlord could request Con Ed access. Landlord gave tenant a 10 percent rent abatement through May 2019 but claimed tenant still owed $16,000. The court gave tenant an additional 5 percent rent abatement and found that there was no agreement to pay rent beyond August 2018 when tenant's last lease expired. Tenant owed landlord $1,609 for rent due through August 2018.

Inwood Ventura II LLC v. Jackson: Index No. 71083/18, 2019 NY Slip Op 50660, NYLJ No. 1557783474 (Civ. Ct. NY; 5/2/19; Kraus, J)

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