total arrears due through said period is $12,473.04. This based on the balance of $711.66
due for September 2010, and November 2010, and 19 months of rent for the period of
October 2011 through May 2013.
Real Property Law § 235-b requires landlords of a residential premises to make
repairs and to keep the premises free from conditions that are dangerous or detrimental to
the life health or safety of the tenants and occupants residing in the premises [Park
West Management Corp. v. Mitchell, 47 NY2d 316 (1979)]. In determining the
amount of the abatement, "the finder of fact must weigh the severity of the violation and
duration of the conditions giving rise to the breach, as well as the effectiveness of steps
taken by the landlord to abate those conditions (Id at p.9)."
The court finds the following conditions existed in the Subject Premises: broken or
broken plaster walls and ceiling throughout the apartment, with the
exception of the bathroom,
missing carbon monoxide and smoke detectors, defective window in first
room, defective
kitchen cabinet, defective wood floor throughout, mice infestation, defective
bathroom cabinet, defective kitchen counter top, defective electrical outlets in first and
second room, and mold. DHPD issued violations for these conditions, as early as 2010,
and a reinspection in 2012, found the violations still existed. The violations establish that
Petitioner was on notice of these conditions, and constitute prima facie evidence
that these conditions existed at the Subject premises on the dates the violations were
placed and continued through the date of the trial [DHPD v Living Waters Realty Inc., 14 Misc 3d 484;
Administrative Code of the City of New York §27-2115(f)(7)]. Respondent testified