Public Housing Tenant Claims Existence of Hazardous Violations

January 1, 2000

LVT Number: 13795

Landlord sued to evict tenant for nonpayment of rent. Tenant received public assistance and claimed that there were hazardous Housing Code violations that had been reported by HPD to DSS. Tenant claimed that under the so-called Spiegal Law, landlord was barred from suing tenant for nonpayment of rent. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. There was insufficient proof of the reported violations. A letter from HPD to DSS that tenant relied upon didn't refer specifically to tenant's building.

Landlord sued to evict tenant for nonpayment of rent. Tenant received public assistance and claimed that there were hazardous Housing Code violations that had been reported by HPD to DSS. Tenant claimed that under the so-called Spiegal Law, landlord was barred from suing tenant for nonpayment of rent. Tenant asked the court to dismiss the case without a trial. The court ruled against tenant. There was insufficient proof of the reported violations. A letter from HPD to DSS that tenant relied upon didn't refer specifically to tenant's building. Also, the letter wasn't the equivalent of a violation report.

142 South Realty Corp. v. Maldonado: NYLJ, p. 30, col. 1 (12/15/99) (Civ. Ct. Kings; Marton, J)

Topics

More like this