Twenty Percent Abatement for Ceiling Leaks

August 31, 1999

LVT Number: 13526

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed there were serious bathroom leaks and that the ceiling periodically broke open. At the trial, landlord's building super confirmed much of tenant's complaint. Landlord claimed that since tenant had already filed a DHCR service complaint, she couldn't get a rent abatement. The court ruled for tenant and gave her a 20 percent rent abatement. Tenant hadn't gotten any rent cut from the DHCR yet. If she did, it would have to be reduced by the amount of the rent abatement.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed there were serious bathroom leaks and that the ceiling periodically broke open. At the trial, landlord's building super confirmed much of tenant's complaint. Landlord claimed that since tenant had already filed a DHCR service complaint, she couldn't get a rent abatement. The court ruled for tenant and gave her a 20 percent rent abatement. Tenant hadn't gotten any rent cut from the DHCR yet. If she did, it would have to be reduced by the amount of the rent abatement.

Walton Ave. Prop. v. Smith: NYLJ, p. 24, col. 5 (8/11/99) (Civ. Ct. Bronx; Heymann, J)

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