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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kachian v. Aronson, 123 Misc. 2d 743 (1984)

Citation
Kachian v. Aronson, 123 Misc. 2d 743 (1984)
Parent Document
Kachian v. Aronson, 123 Misc. 2d 743 (1984)
Jurisdiction
New York (state)
Effective Date
1984-04-10

Full Text

974 chars
Although respondents argue that to “establish a standard for enforcement of the warranty of habitability that lumps loft tenants in a category different from that of all *746other residential tenants would be a direct contravention of the statute”, the court agrees with the foregoing dicta. This case clearly illustrates not only a need for different criteria in loft cases, but even further, different rules depending on the nature of the space rented. Here, where raw space was leased, the factors to be considered in determining whether to grant an abatement are different from those where a loft was rented with residential appurtenances. If a toilet installed by the tenant doesn’t work (assuming the fault not due to the plumbing outside the unit), there would be no reason for an abatement, while the opposite would be true if the premises were rented with such facility. (See Lomreal Realty Corp. v Deutschman, NYLJ, Feb. 9, 1981, p 12, col 5 [App Term, 1st Dept].)