Tenant Gets Full Abatement for Constructive Eviction Period

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement. The court ruled against landlord and for tenant, dismissed the petition, and awarded tenant a net money judgment in the amount of $6,535.

Landlord appealed and lost. Landlord claimed that the rent abatement was excessive. But tenant was subjected to recurring leaks in his apartment over a period of three years. On one occasion, the living room ceiling collapsed. There was also rodent infestation, a broken front door and kitchen window, and repeated heating problems. Landlord also had notice of these conditions, acknowledged that it didn't properly record tenant complaints, and failed to produce the building super as a trial witness. The substantial rent abatement was within reasonable limits given the severity of the conditions. The trial court also properly found that tenant was constructively evicted from the apartment for 20 days after the living room ceiling collapsed. Landlord's settlement agreement with tenant covering hotel expenses, meals, and repairs didn't prevent the court from abating tenant's rent, including a 100 percent abatement for the period of constructive eviction.

Westhattan Corp. v. Wong: 2013 NY Slip Op 52188(U), 2013 WL 6696662 (App. T. 1 Dept.; 12/19/13; Shulman, JP, Hunter Jr., Torres, JJ)