Tenant Illegally Sublet

April 30, 1995

LVT Number: 9708

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant, finding that some rent abatement was due. Landlord claimed that any abatement should be based only on tenant's portion of the rent. HUD paid the balance. The total rent was called the ''contract rent'' under HUD regulations and represented the market rent for the apartment. The court ruled that the abatement should be measured against the full contract rent since this represents the market rent.

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant, finding that some rent abatement was due. Landlord claimed that any abatement should be based only on tenant's portion of the rent. HUD paid the balance. The total rent was called the ''contract rent'' under HUD regulations and represented the market rent for the apartment. The court ruled that the abatement should be measured against the full contract rent since this represents the market rent.

300 East 51st Street Co. v. Shtab: NYLJ, p. 27, col. 3 (4/24/95) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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