Public Assistance Tenant Can't Raise Spiegel Defense

July 31, 2001

LVT Number: 15171

Landlord sued to evict public assistance tenant for nonpayment of rent. Tenant raised the Spiegel Law defense, claiming that he was entitled to withhold rent because of dangerous conditions in the apartment. The court ruled against tenant, and tenant appealed. The appeals court ruled against tenant. The Department of Social Services (DSS) was entitled to raise the Spiegel Law defense in cases where DSS believed that dangerous conditions existed. But there was no legislative intent that tenants themselves be permitted to raise this defense.

Landlord sued to evict public assistance tenant for nonpayment of rent. Tenant raised the Spiegel Law defense, claiming that he was entitled to withhold rent because of dangerous conditions in the apartment. The court ruled against tenant, and tenant appealed. The appeals court ruled against tenant. The Department of Social Services (DSS) was entitled to raise the Spiegel Law defense in cases where DSS believed that dangerous conditions existed. But there was no legislative intent that tenants themselves be permitted to raise this defense.

Notre Dame Leasing LLC v. Rosario: NYLJ, 7/18/01, p. 21, col. 2 (App. T.2 Dept.; Scholnick, JP, Aronin, Patterson, JJ)

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