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New York City Housing Authority v. Cordero

Disabled TenantEntitled to 100 Percent Rent Abatement for Two Years Due to Vermin

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*1 This nonpayment proceeding was tried before me on May 10 and August 1, 2017. Between the two trial dates, on June 12, 2017, respondent vacated and surrendered the subject apartment. Respondent, by counsel, conceded the petitioner’s prima facie case. The unpaid rent through August 31, 2017 was $5218.76. The rent was $238.00 per month through January 2016 and $242.00 per month thereafter.Respondent sought an abatement for breach of the warranty of habitability. Respondent and two friends who had visited him often at the apartment testified at the trial. Petitioner called no rebuttal witnesses. The court file contained reports of court ordered inspections of the apartment and several stipulations in which petitioner promised to make repairs and the case was adjourned for that purpose. Based on the trial evidence, I make the following findings.Respondent moved to the subject apartment from a New York City homeless shelter in November 2011. Respondent is disabled. He has HIV and a seizure disorder. He has a service

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