Tenant Gets 55 Percent Rent Abatement After Some Repairs Done

LVT Number: #31039

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were ongoing repair issues in her apartment since 2016. NYCHA had suspended tenant's Section 8 benefits based on the apartment condition. Landlord claimed that tenant failed to give access, but court staff reported that tenant was at home and landlord's workers never appeared.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that there were ongoing repair issues in her apartment since 2016. NYCHA had suspended tenant's Section 8 benefits based on the apartment condition. Landlord claimed that tenant failed to give access, but court staff reported that tenant was at home and landlord's workers never appeared. The court found that major repairs were needed throughout the apartment, granted tenant a 55 percent rent abatement from January 2018 through December 2019, and a 25 percent abatement from January 2020 until all remaining repairs were fully completed and inspected by NYCHA or HPD. 

MGSA II v. Roman: Index No. 007906/18, NYLJ No. 1601024193 (Civ. Ct. Bronx; 8/26/20; Weissman, J)