Tenant Gets 60% Rent Abatement for Ceiling Leaks

September 11, 2012

LVT Number: #24311

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on ongoing leaks from the ceiling of his top-floor studio apartment. At trial, tenant showed that leaks began in October 2008 and that damage continued through September 2010. The court granted tenant a 60 percent rent abatement for this period and ruled that tenant owed landlord $1,593. Landlord appealed, claiming that tenant shouldn't get any abatement for periods after April 25, 2010, when the leaks had ceased. The appeals court ruled against landlord.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on ongoing leaks from the ceiling of his top-floor studio apartment. At trial, tenant showed that leaks began in October 2008 and that damage continued through September 2010. The court granted tenant a 60 percent rent abatement for this period and ruled that tenant owed landlord $1,593. Landlord appealed, claiming that tenant shouldn't get any abatement for periods after April 25, 2010, when the leaks had ceased. The appeals court ruled against landlord. The trial court fairly weighed the evidence concerning the severity of the leaks and the effectiveness of landlord’s repairs.

Strategic Development, LLC v. Benner: NYLJ, 8/23/12, p. 26, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston, Rios, JJ)

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