No Violation on Record for Tenant's Apartment

August 31, 2002

LVT Number: 16078

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a Spiegel Law defense. Under this section of the Social Services Law, tenant was entitled to a complete rent abatement as a public assistance recipient if the building had hazardous housing code violations. The law also required that the violations be reported by HPD to the Human Resources Administration (HRA), which administered public assistance. Court: Tenant loses. There wasn't sufficient proof that tenant was eligible for public assistance.

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a Spiegel Law defense. Under this section of the Social Services Law, tenant was entitled to a complete rent abatement as a public assistance recipient if the building had hazardous housing code violations. The law also required that the violations be reported by HPD to the Human Resources Administration (HRA), which administered public assistance. Court: Tenant loses. There wasn't sufficient proof that tenant was eligible for public assistance. And none of the violations tenant cited related specifically to her apartment. A letter from HPD indicating that it provided access to an electronic database also wasn't clearly sufficient notice to allow a rent abatement by the HRA.

Elsmere Pl. LP v. Scott: NYLJ, 8/21/02, p. 19, col. 4 (Civ. Ct. Bronx; Halprin, J)

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