Tenant Gets Substantial Rent Abatement for Serious Conditions

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability, and the court gave tenant a substantial rent abatement. Landlord appealed, claiming that the abatement was excessive. The appeals court ruled against landlord. While the abatement was substantial, it was within reasonable limits given the severity and duration of the conditions. HPD inspection reports showed that tenant had a completely unusable bathroom, broken kitchen sink and living room window, recurring leaks, and a rodent and vermin infestation. Although landlord claimed that it should be responsible only for the period after it bought the building, landlord bought the building subject to existing tenancies and the abatement need not be limited to the amount of unpaid rent sought by landlord.

Dunbar Owner LLC v. Jones: Index No. 16-472/473, NYLJ No. 1202778251362 (App. T. 1 Dept.; 1/25/17; Shulman, JP, Gonzalez, J)