Stale Rent Defense Doesn't Require Dismissal of Nonpayment Claim

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that tenant owed $79,000 for the period between October 2007 and February 2013. Tenant claimed that landlord had violated a prior order in a separate court proceeding concerning a dispute over the roof area. Tenant also claimed breach of the warranty of habitability and that landlord waited too long to seek eviction based on nonpayment. Landlord asked the court for permission to conduct pretrial questioning on the issues of the warranty of habitability and roof access. Tenant in turn asked the court to dismiss the case based on his stale rent defense.  

The court ruled against tenant. "Laches" is a defense based on fairness and whether one side was disadvantaged by the delay. This requires the fact-finding of a trial.  And even if a portion of the rent claim was stale, this would only limit landlord to a money judgment; it didn't require dismissal of the whole case. The court also denied landlord's request to conduct pretrial questioning since landlord failed to show ample need. Landlord could have obtained information concerning the roof access claim in the other court proceeding. And tenant had the burden of proving his habitability claims. Landlord could use a Demand for a Bill of Particulars to obtain further details on this claim.

Nunz Realty LLC v. McBride: 40 Misc.3d 1229(A), 2013 NY Slip Op 51344(U) (Civ. Ct. NY; 8/19/13; Kraus, J)