Tenant Not Entitled to Larger Abatement

June 30, 2003

LVT Number: 16701

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord in large part, giving tenant a 5 percent rent abatement for seven months. The court also awarded landlord attorney's fees as the prevailing party. Tenant appealed, claiming that he was entitled to a 50 percent abatement for a 13 month period. The appeals court ruled against tenant. The trial court correctly determined the amount of abatement due tenant.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord in large part, giving tenant a 5 percent rent abatement for seven months. The court also awarded landlord attorney's fees as the prevailing party. Tenant appealed, claiming that he was entitled to a 50 percent abatement for a 13 month period. The appeals court ruled against tenant. The trial court correctly determined the amount of abatement due tenant.

Sussex Apts. LLC v. Choi: NYLJ, 6/11/03, p. 25, col. 2 (App. T. 2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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