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2363 S. Blvd LLC v. Liboy

Tenant Granted Rent Abatement for Lack of Gas, Breach of Warranty of Habitability

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Decision After Trial

*1 In this non-payment proceeding, the petitioner has alleged that the respondent has failed to pay rent since November 2016. The respondent, who is represented by counsel, filed a verified answer, raising several affirmative defenses and asserting counterclaims. She contended that she withheld because repairs were needed and anhd she had been without gas from October 2016 through July 3, 2017. She is seeking a rent abatement.This matter was transferred to the instant Part for trial. The parties stipulated to the petitioner’s prima facie case, to wit: that the premises is not subject to New York City Rent Regulations because it is subject to the federal §8 housing assistance program for projects with HUD insurance and HUD held mortgages; that the respondent owes $8,418 in rent through October 31, 2017: and, that the gas service was off in the subject apartment from October 26, 2016 through July 3, 2017.The court heard testimony from two witnesses with respect to the respondent’s abatement claim. The respondent testified that on October 26, 2016, she smelled gas in the apartment. She initially reported the situation to the management office and then called Con Edison. Con Edison came to her apartment and shut off the gas. She never learned what caused the problem, although the Con Edison worker told her that it could have been the boiler or the basement pipes. After the gas shut off, she repeatedly called the management office about the situation, but received no information.

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