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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Callahan v. Reid, 119 Misc. 2d 190 (1983)

Citation
Callahan v. Reid, 119 Misc. 2d 190 (1983)
Parent Document
Callahan v. Reid, 119 Misc. 2d 190 (1983)
Jurisdiction
New York (state)
Effective Date
1983-05-13

Full Text

1,297 chars
Is tenant entitled to reduce landlord’s claim for unpaid u and o by alleging and proving a breach of the warranty of habitability? Tenant testified as to various absences of services between February 6, 1982 and May 10, 1982. Landlord testified that he made certain repairs. Tenant *191introduced a copy of an HPD (Department of Housing Preservation and Development) violation print-out as of June 22, 1981 which she ordered on December 31, 1981. Inasmuch as there was no testimony by landlord that he knew of these violations and corrected them, and HPD had not removed any May 27, 1981 violations as a result of a landlord’s reinspection request, the inference is drawn that any violations in tenant’s apartment and public places on May 27, 1981 — and not identified by landlord as having been corrected — continued between February 6,1982 and May 10, 1982. There were 11 public-place violations of record and 14 tenant-apartment violations (of which two were duplicates) — of which four were rent-impairing. Therefore, if allowed the reply, tenant is entitled to an abatement of 50% of the rent from February 6,1982 to May 10,1982, or $235 of the $470. Adding this $235 to the $150 paid through the court, tenant could be credited with $385 against the landlord’s $470 claim for unpaid u and o.