Thirty Percent Abatement for Water Leaks and Other Conditions

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and directed tenant to pay $2,375 in back rent. The court gave tenant a 5 percent rent abatement for breach of the warranty of habitability. Tenant appealed, claiming that the abatement was inadequate. The appeals court ruled for tenant. Tenant showed that the kitchen flooring was broken; that there were recurring water leaks throughout the apartment and public hallway; that the leaks caused the living-room ceiling to collapse, destroying tenant's property and causing bathroom tiles to peel; that there were three cracked windows; and that the apartment door didn't lock properly. Part of the apartment also needed painting. Tenant was entitled to a 30 percent rent abatement.

Smith v. Maya: NYLJ, p. 30, col. 5 (7/23/99) (App. T.2 Dept.; Kassoff, PJ, Chetta, Patterson, JJ)