It is also clear that Landlord's Superintendent and agent ignored Tenant's
"repetitive" calls and entreaties, and took their time in attempting to repair the
abovementioned conditions and successfully repaired very few, while others were left
unaddressed for over one year. This Court is appalled by Landlord's failure to correct
these hazardous conditions "that materially affect[ed] the health and safety of" Tenant
and her three children for such a long period of time, despite Court Orders and temporary
Stipulations of Settlements. Under these circumstances, this Court finds that Tenant has
sufficiently shown an entitlement to a rent abatement of 40% of the rent for the
abovementioned conditions of the front door, bathroom, kitchen and windows, from
March 2013 until May 2014, when the repairs were certified as completed by Landlord
(see 501 New York LLC v Anekwe, 14 Misc 3d 129[A], 2006 NY Slip Op
52513[U][AT 2d 2006] [40% rent abatement for rat and cockroaches infestation and
damaged cabinets]; 1097
Holding LLC v Ballesteros, 17 Misc 3d 1111[A] [25% abatement for ceiling
leaks and rat infestation]).
III.
Based on the evidence and testimony adduced herein, Tenant successfully
proved by a preponderance of the credible evidence the existence of certain
rent-impairing conditions in the Premises of which Landlord had notice for the period
between March 2013 through May 2014. As a result, Tenant is entitled to a 40% rent
abatement for that period, to wit: 14 months at a rate of $1,053.96 per month totals
$14,755.44, and calculating a 40% abatement of the same, amounts to $5,902.18.
In accordance with the foregoing, Tenant is entitled to a Final Judgment for
breach of the warranty of habitability against Landlord in the sum of $5,902.18 for all