Our partner, Jarred I. Kassenoff, was quoted this past weekend responding to a question posed by a New York Times reader.
Here's the piece in its entirety:
Rent Rebates for Broken Elevators
Q I am a renter in a residential building that has lost elevator service since October. What would be an appropriate rent abatement for this condition?
A Jarred I. Kassenoff, a Manhattan real estate lawyer, said that while a state law known as the “warranty of habitability” obligates a landlord to ensure that a residential structure — including all common areas — is free of dangerous, hazardous or life-threatening conditions, a “rent abatement” for the loss of a required service isn’t easily quantifiable.
“The proper measure of damages is the difference between the value of the premises during the period of the breach — in this case, the failure to provide elevator service — and the amount of rent provided for in the lease,” Mr. Kassenoff said. “If the parties are unable to reach a mutually acceptable agreement, computing the amount of a service-related reduction is typically a question for a judge to decide.”
That decision would depend on a number of factors, including the amount of time the elevator has been inoperable and an assessment of the owner’s efforts to minimize the problem for tenants. It would also take into consideration the amount of inconvenience an individual tenant experienced — a factor that could vary depending on the tenant’s floor.