WARRANTY OF HABITABILITY

Tenant Gets 15 Percent Rent Abatement for Lack of Gas Service

March 23, 2016    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent at $3,081 per month. Among other things, tenant claimed breach of the warranty of habitability based on lack of gas service for several months. The...

Tenant Gets 25 Percent Rent Abatement

December 21, 2015    

Landlord sued to evict tenant for nonpayment of rent. The trial court ruled for tenant in part and awarded some rent abatement for breach of the warranty of habitability. Tenant appealed and won, in part. The appeals...

Tenant Gets Rent Abatement for Ceiling Leaks

November 24, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that, despite landlord’s attempts at repair, recurring roof leaks caused her bathroom ceiling to collapse several times and caused water...

Tenant Gets Rent Abatement for Mold and Mildew

November 24, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord and tenant signed a settlement agreement in court. Tenant agreed to pay back rent, and landlord...

Tenant Gets 60 Percent Rent Abatement for Apartment Conditions

October 20, 2015    

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court.  By the time of trial, tenant owed $5,000 and claimed there were conditions in the apartment that...

No Rent Abatement for Second-Hand Smoke Claim

September 24, 2015    

Landlord sued to evict rent-stabilized tenant for...

No Maintenance Abatement for Co-op Tenant Who Made Her Own Repairs

August 24, 2015    

Landlord cooperative corporation sued to evict tenant shareholder for unpaid maintenance. Tenant in turn claimed breach of the warranty of habitability. The court ruled for landlord and granted a judgment for $45,000...

No Rent Abatement Where Tenant Refused Access for Repairs

August 18, 2015    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and found that tenant owed $4,550. Tenant appealed, claiming that there were apartment conditions that required repair. The appeals...

Tenant Can Raise Habitability Claim Despite "Commercial" Tenancy

August 18, 2015    

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord without a trial and dismissed tenant’s counterclaim for rent abatement based on apartment conditions. Tenant appealed, and the...

Insufficient Proof of Second-Hand Smoke

August 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability based on second-hand smoke coming from the upstairs apartment. The court ruled against...

Tenant Gets Rent Abatement for Apartment Conditions

July 22, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant in part. From August through November 2014 there were rent-...

Tenant Gets 35 Percent Rent Abatement for Water Damage

June 16, 2015    

Landlord sued to evict tenant for nonpayment of rent,...