Rent-Impairing Violation Prevented Eviction for Nonpayment

November 23, 2020

LVT Number: #31105

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed that there were rent-impairing violations. The court ruled for tenant, without a trial. Tenant showed that under Multiple Dwelling Law Sections 302-a(3)(a) and 302-a(3)(c), landlord couldn't collect rent from six months after a notice of the first HPD violation was placed until it corrected the violations. Tenant also showed that she deposited with the court the full amount of the rent demanded by landlord.

Landlord sued to evict tenant for nonpayment of rent. In response, tenant claimed that there were rent-impairing violations. The court ruled for tenant, without a trial. Tenant showed that under Multiple Dwelling Law Sections 302-a(3)(a) and 302-a(3)(c), landlord couldn't collect rent from six months after a notice of the first HPD violation was placed until it corrected the violations. Tenant also showed that she deposited with the court the full amount of the rent demanded by landlord. Landlord couldn't start recovering rent from tenant for the period between January 2020 until July 2020. The credit tenant was entitled to was greater than the amount demanded in landlord's nonpayment petition. The case was dismissed.

Food First HDFC Inc. v. Turner: 2020 NY Slip Op 51155(U), NYLJ No. 6602612122 (Civ. Ct. Kings; 10/5/20; Stoller, J)

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