Full Rent Abatement Awarded to Manhattan Tenant for Mold Exposure

NEW YORK - A New York woman on Sept. 6 was awarded full rent abatement and 20 percent abatement on her counterclaim for the seven-month period during which she was constructively evicted due to metallic dust and mold in her apartment. 360 West 51st Street v. Cornell, No. 106494/03 (N.Y. Civil Ct., N.Y. Cty.).

Brenda Cornell's landlord, 360 West 51st Street Realty, commenced a nonpayment proceeding against Cornell in New York Civil Court seeking unpaid rent from November 2003 through April 2004, when the parties agreed to terminate Cornell's lease. Cornell answered by raising the affirmative defense of constructive eviction …