Public Housing Tenant Can't Make Claim

April 30, 2002

LVT Number: 15826

Landlord sued to evict public housing tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord argued that tenant wasn't entitled to make that claim. The court ruled against landlord. Landlord appealed and won. Under the Public Housing Law, tenant was required to send landlord a notice of claim. Since tenant didn't do so, he was barred from claiming breach of the warranty of habitability as a defense in court.

Landlord sued to evict public housing tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord argued that tenant wasn't entitled to make that claim. The court ruled against landlord. Landlord appealed and won. Under the Public Housing Law, tenant was required to send landlord a notice of claim. Since tenant didn't do so, he was barred from claiming breach of the warranty of habitability as a defense in court. The appeals court also found that even if tenant were allowed to make the claim, there was insufficient proof that the claimed discolored-water condition existed for the period found by the lower court.

NYCHA v. Roberts: NYLJ, 4/19/02, p. 18, col. 1 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)

Topics

More like this