Tenant Gets 20 Percent Rent Abatement for Rodent Infestation and Mold

September 23, 2019

LVT Number: #30344

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and a stale rent claim. The court found that the rent payment wasn't stale since the oldest rent due was only six months outstanding. But the court gave tenant a 20 percent rent abatement due to landlord's delay in correcting rodent infestation and a mold condition in the apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and a stale rent claim. The court found that the rent payment wasn't stale since the oldest rent due was only six months outstanding. But the court gave tenant a 20 percent rent abatement due to landlord's delay in correcting rodent infestation and a mold condition in the apartment.

AMML Realty v. Townsend: 2019 NY Slip Op 51368, NYLJ No. 1566799039 (City Ct. Mt. Vernon; 8/20/19; Armstrong, J)

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