Tenant Can Assert Habitability Claim

June 30, 2000

LVT Number: 14258

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed to keep the case off the court calendar until tenant's court case concerning the amount of the lawful rent was determined. When tenant lost that court case, the nonpayment case went back to court, and the court ruled for landlord without a trial. Tenant appealed, claiming that he should have been allowed to raise a warranty of habitability claim. The appeals court ruled for tenant. When the case went back to court, the court should have allowed tenant to amend his answer to assert the habitability claim.

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant agreed to keep the case off the court calendar until tenant's court case concerning the amount of the lawful rent was determined. When tenant lost that court case, the nonpayment case went back to court, and the court ruled for landlord without a trial. Tenant appealed, claiming that he should have been allowed to raise a warranty of habitability claim. The appeals court ruled for tenant. When the case went back to court, the court should have allowed tenant to amend his answer to assert the habitability claim. The case was sent back for a trial on this issue.

501 E. 87th St. Realty Co., LLC v. Champoux: NYLJ, 6/7/00, p. 26, col. 5 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)

Topics

More like this