Co-Tenant Who Fled Apartment as Domestic Abuse Victim Not Responsible for Rent Arrears

Landlord sued to evict tenants husband and wife for nonpayment of rent. The husband defaulted by not appearing in court. The wife's mother appeared and told the court that the wife had moved out because the husband was abusive and she was afraid to remain in his presence. The wife also had obtained an order of protection against the husband, and didn't wish to move back into the apartment. The court entered a judgment of possession in landlord's favor. But the court wouldn't enter a money judgment for the back rent against the wife. As a domestic abuse victim, the wife qualified under Real Property Law Section 227-c to seek termination of her lease but didn't seek relief under the statute and the court couldn't apply relief on her behalf retroactively. But the court ruled that a fleeing domestic abuse victim shouldn't be forced to pay rent owed by her abuser. The joint and several liability clause in tenants' lease was unconscionable and void as to the wife. 

Riverwalk on the Hudson, Inc. v. Culliton: 2018 NY Slip Op 28350, NYLJ No. 1543266727 (City Ct. Cohoes; 11/7/18; Marcelle, J)