Committed Community Associates v. Croswell, 164 Misc. 2d 756 (1995)

The only issue before the court is what is to be the measure of damages for an abatement hearing on the breach of the implied warranty of habitability. The respondent is a section 8 tenant who pays a share of the rent while the Department of Housing and Urban Development (HUD) makes section 8 *757payments to complete the balance of the rent charged. The petitioner argues that the measure of damages is the tenant’s share of the rent, and not the combined amount of the tenant’s monthly share plus the section 8 monthly payment made to the petitioner by HUD on the respondent’s behalf. The respondent argues that the scope of damages must be the aforementioned combined amount which is called the "contract rent” by HUD. II. FACTS