Court Won't Discontinue Nonpayment Case

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed over $1,000 through April 2016. The court ruled for landlord based on tenant's failure to respond. Tenant later asked the court to vacate the judgment. She said her default was due to the fact that she is a victim of domestic violence and was locked out of the apartment by her abuser. Tenant also claimed that the rent sought by landlord had been paid. The court reopened the case and permitted tenant to assert counterclaims for breach of warranty of habitability and violation of housing standards. Before trial, landlord said that tenant was paid up and asked the court to dismiss the case. The court denied that request. Tenant claimed that she was entitled to a rent offset and discontinuing the case could prevent her from satisfying a balance due on her account and defending against a termination hearing NYCHA had commenced against her. 

NYCHA Queensbridge S. Hous. v. Foote: Index No. 11648/16, NYLJ No. 1511759933 (Civ. Ct. Queens; 11/6/17; Nembhard, J)