Tenant Granted Rent Abatement Due to Mice in Apartment
In another case applying the warranty of habitability to pest infestation in a residential unit, the tenant alleged that her apartment was infested by rodents. Specifically, the tenant testified that she sees mice every day in her apartment, and that when she complains, the landlord takes no action other than to give her glue traps, which have been insufficient to resolve the problem. The landlord also took no action to address holes under the radiators which the tenant asserted were the means by which the mice entered her apartment. The court awarded the tenant an abatement of 15% of the rent payable throughout the period of the mouse infestation. The court also directed that the landlord correct violations in the apartment and set a schedule for the landlord’s workers to have access to the apartment to perform the needed work. The case is River Park Residences v. Bowe, NYLJ 1202770151371 (Civ. Ct. Bronx Co. Sept. 19, 2016).