Tenant Can Assert Claim

February 1, 1994

LVT Number: 8563

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord argued that tenant couldn't raise this issue. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Although tenant's counterclaim for breach of the warranty of habitability was informal, it was legally sufficient. And tenant could claim breach of the warranty to get a refund for rent already paid as well as more money than the unpaid rent for which landlord was suing.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. Landlord argued that tenant couldn't raise this issue. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Although tenant's counterclaim for breach of the warranty of habitability was informal, it was legally sufficient. And tenant could claim breach of the warranty to get a refund for rent already paid as well as more money than the unpaid rent for which landlord was suing.

Alp Realty Corp. v. Huttick: NYLJ, p. 27, col. 2 (1/24/94) (App. T. 1 Dept.; Ostrau, PJ, Miller, Glen, JJ)

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