Retaliatory Eviction Not Valid Defense to Nonpayment Claim

January 15, 2014

LVT Number: #25268

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and delayed eviction to give tenant 15 days to pay the rent arrears. Tenant appealed and won, in part. Tenant claimed that the court had no jurisdiction, but a town Justice Court such as the one in Wappinger was authorized by Real Property Actions and Proceedings Law Section 701(1) to hear summary eviction proceedings. Tenant also claimed that the court should have considered his retaliatory eviction defense, but this defense doesn't apply in eviction cases based on nonpayment.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and delayed eviction to give tenant 15 days to pay the rent arrears. Tenant appealed and won, in part. Tenant claimed that the court had no jurisdiction, but a town Justice Court such as the one in Wappinger was authorized by Real Property Actions and Proceedings Law Section 701(1) to hear summary eviction proceedings. Tenant also claimed that the court should have considered his retaliatory eviction defense, but this defense doesn't apply in eviction cases based on nonpayment. However, tenant had also claimed rent overcharge, and the trial court should have considered this claim. The case was sent back to the lower court for reconsideration by a different judge.

Chelsea Ridge NY, LLC v. Clarke: 42 Misc.3d 128(A), 2013 NY Slip Op 52154(U) (App. T. 2 Dept.; 12/17/13; Nicolai, PJ, Iannacci, Tolbert, JJ)

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