Tenant Gets Limited Discovery Concerning Claimed Chemical Fume Condition
LVT Number: #26938
Landlord sued to evict tenant for nonpayment of rent. Tenant withheld rent to pressure landlord to remedy an odor and chemical fume condition that tenant claimed existed in and around the apartment. Tenant said that work performed and chemicals used on a balcony adjacent to his apartment resulted in “noxious fumes” and caused tenant health issues, including headaches and a chronic respiratory irritation. Tenant claimed that this prevented him from staying in the apartment. Tenant asked for a rent abatement and for pre-trial questioning concerning the work and chemicals involved. The court ruled for tenant, finding that limited discovery was permissible provided that tenant paid rent for now.
65 Jane Street LLC v. Lobenthal: Index No. 80070/2015, NYLJ 120275264995 (Civ. Ct. NY; 3/4/16; Weisberg, J)