the ledger sustains, the monthly rent for the subject premises, as per the DHCR order, remains
$800.74 as the MCR. As the "rent reserved under the lease" comprises the basis for a rent
abatement, it is that contract rent, in this case $800.74, and not a lesser share, whether by Section
8 or SCRIE, that constitutes the basis of a rent abatement. Committed Cmty. Assocs. v.
Croswell, 250 AD2d 845, 846 (2nd Dept. 1998).
Respondent introduced into evidence a letter to Petitioner dated May 25, 2016 stating that he
was only paying $135.41 in rent because he had to spend $305.03 repairing his stove. [*4]However, Respondent's testimony was that he sent a reduced
amount for October of 2014 rent due to stove repair. Moreover, Respondent may avail himself of
a so-called "repair and deduct" remedy if Petitioner has "willfully refused" to repair the stove.
Katurah Corp. v. Wells, 115 Misc 2d 16, 17 (App. Term 1st Dept. 1982). Respondent has
not met his burden of proving an entitlement to a rent abatement for this condition or a repair and
deduct remedy.
Respondent introduced into evidence summonses from the New York City Department of
Buildings ("DOB") for use of apartments in the building in which the subject premises is located
("the Building") for short-term rentals. Respondent testified that transient guests sometimes open
his door, which irritates him and that sometimes people smell funny. Respondent testified on
cross-examination that that's the only impact on his habitability. Whatever violations of the law
transient use of the building may have occasioned, Respondent has not proven that such use
diminished the habitability of the subject premises and the Court does not award a rent abatement
for condition.