Public Housing Tenants Can Withhold Rent Because of Leaking Plumbing

September 30, 1999

LVT Number: 13599

Landlord NYCHA issued a ruling that put tenants on conditional probation because they didn't pay rent. Tenants appealed, claiming that their withholding of rent was based on serious unsanitary conditions in the apartment over a long period of time. The court ruled for tenants. It was arbitrary and unreasonable for NYCHA to rule that withholding rent is unjustified under any circumstances. In this case, tenants had brought a court case against landlord for repair of a leaking waste pipe. The case was sent back to NYCHA for further fact-finding.

Landlord NYCHA issued a ruling that put tenants on conditional probation because they didn't pay rent. Tenants appealed, claiming that their withholding of rent was based on serious unsanitary conditions in the apartment over a long period of time. The court ruled for tenants. It was arbitrary and unreasonable for NYCHA to rule that withholding rent is unjustified under any circumstances. In this case, tenants had brought a court case against landlord for repair of a leaking waste pipe. The case was sent back to NYCHA for further fact-finding.

Law v. Franco: 690 NYS2d 893 (1999) (Sup. Ct. Bronx; Friedman, J)

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