Tenant Gets Rent Abatement for Vermin Infestation

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a breach of the warranty of habitability based on a mouse and roach infestation. After a trial, the court found that the total outstanding rent was $9,800. But the court gave tenant a 15 percent rent abatement for five months, and a 5 percent abatement for one month. So the total amount owed to landlord was $8,870. Landlord appealed, claiming that tenant wasn't entitled to any rent abatement. The appeals court ruled against landlord. The trial court found that landlord failed to make repairs and correct the vermin infestations based on tenant's believable testimony and its own inspection of the apartment. Testimony by landlord's exterminator also contradicted landlord's claim that tenant made it impossible for landlord to provide extermination services effectively.

Hillside Place, LLC v. Lewis: NYLJ, 12/15/10, p. 36, col. 6 (App. T. 2 Dept.; Pesce, PJ, Golia, Steinhardt, JJ)