Nonpayment Case Not Retaliatory

Landlord sued to evict tenant for chronic nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant agreed to pay $2,800 in back rent within a month or be evicted. Tenant later asked the court to vacate the agreement, claiming that the eviction case was retaliatory because tenant had filed complaints with HPD about violations. The court ruled against tenant. Landlord had previously started several nonpayment cases against tenant, resulting in six court dates over a 10-month period. Tenant still continually fell behind in paying her rent. Landlord testified believably that he simply wanted to terminate the tenancy rather than go through another lengthy nonpayment case. Also, under RPL section 223-b, retaliatory eviction can't be raised as a defense in a nonpayment case. Although this was a holdover case based on chronic nonpayment, the issue is nonpayment so tenant should be barred from raising the retaliatory eviction defense.

Decandia v. Slein: NYLJ, p. 30, col. 6 (10/21/98) (Civ. Ct. Richmond; Straniere, J)