Judge Clifton Nembhard
Landlord commenced a nonpayment proceeding against Morrison, who claimed there were conditions in the premises violating the warranty of habitability. The parties stipulated Morrison owed $17, 250 in arrears, thus, the court noted the only issue requiring decision was what, if any, abatement Morrison was entitled to. She claimed she lived in the apartment for five years with her two asthmatic children, and there was no heat or hot water from Nov. 2015 through Aug. 2016. Also, Morrison noted the apartment was infested with mice, among other issues. Landlord’s field manager testified to being “partially” familiar with the premises, and indicated Morrison limited a contractor’s access to the apartment that he gave the manager back his deposit. Morrison acknowledged not giving access on the dates within the stipulation, but noted she could not get the time off from work, but arranged for new dates with landlord and the contractors came on one day, did not complete the job, and did not come back on the other access dates. HPD’s website revealed violations issued for the conditions testified about, and Morrison established they negatively impacted her family. She was awarded a 35 percent abatement of arrears due, and landlord granted an $11,212.50 final judgment.