WARRANTY OF HABITABILITY

Tenant Gets 35 Percent Rent Abatement for Water Damage

June 16, 2015    

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

No Proof Tenant Advised Landlord of Apartment Conditions

April 23, 2015    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for landlord and dismissed tenant's claim. Tenant appealed and lost. The trial court...

Tenant Gets 15-20 Percent Rent Abatement for Roof Leaks

March 18, 2015    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and sought a rent abatement.

Tenant Gets 30 Percent Rent Abatement for Mold and Leaks

February 17, 2015    

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and asked the court to grant a 30 percent rent abatement based on apartment conditions. At a...

Tenant Gets Rent Abatement for Non-Working Fireplace

February 17, 2015    

Landlord sued to evict tenant for nonpayment of rent. Monthly rent was $16,500 and by the time of trial, landlord claimed that tenant owed over $99,000. Tenant asked for a rent abatement for breach of the warranty of...

Tenant Gets 100% Rent Abatement

January 26, 2015    

Landlord sued to evict Section 8 tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. The court ruled for tenant and granted her a 100 percent rent abatement through Dec. 31, 2014....

Tenant Gets 40 Percent Rent Abatement for Apartment Conditions

December 23, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant, who had three minor children, claimed breach of the warranty of habitability and requested a rent abatement. The court ruled for tenant...

Tenant Who Didn't Cite Any Conditions Can't Claim Breach of Warranty of Habitability

November 24, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability and that landlord waited too long to seek the substantial amount of back rent claimed due. Landlord asked...

Tenant's Agreement to Share Cost of Bedbug Extermination Void

September 21, 2014    

Landlord sued tenant, claiming that tenant had agreed to split the cost of bedbug extermination and related expenses incurred by landlord in connection with tenant's apartment. The court granted tenant's...

Tenant Gets 20 Percent Rent Abatement for Repairs

August 15, 2014    

Landlord sued to evict tenant for nonpayment of rent. Tenant had begun withholding rent after landlord failed to make repairs and tenant complained to HPD. Landlord didn't make repairs for almost a year. Tenant...

Tenant Gets 25 Percent Rent Abatement

August 15, 2014    

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. In response, tenant claimed breach of the warranty of habitability and rent overcharge. The court ruled for tenant. Landlord was on notice of...

Tenant Gets 80 Percent Rent Abatement for Uncorrected Violations

June 17, 2014    

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that tenant owed back rent for the period between January 2011 and November 2013. Tenant claimed that apartment conditions breached the warranty...