Tenant Gets 20 Percent Rent Abatement for Repairs

August 15, 2014

LVT Number: #25699

Landlord sued to evict tenant for nonpayment of rent. Tenant had begun withholding rent after landlord failed to make repairs and tenant complained to HPD. Landlord didn't make repairs for almost a year. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part and gave her a 20 percent rent abatement for certain conditions in the kitchen. The court also granted tenant reimbursement of $3,600 for repairs to the kitchen wall and countertop that tenant paid for.

Landlord sued to evict tenant for nonpayment of rent. Tenant had begun withholding rent after landlord failed to make repairs and tenant complained to HPD. Landlord didn't make repairs for almost a year. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part and gave her a 20 percent rent abatement for certain conditions in the kitchen. The court also granted tenant reimbursement of $3,600 for repairs to the kitchen wall and countertop that tenant paid for. But the court denied tenant any reimbursement for money she spent on the kitchen floor and replacement stove.

3660 Oxford Ave. Associates v. Ambrosini: Index No. 011635/2013, NYLJ No. 1202662050134 (Civ. Ct. Bronx; 6/17/14; Vargas, J)

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