Tenant Can Claim Retaliatory Eviction in Nonpayment Case

April 1, 2000

LVT Number: 13969

Landlord sued to evict tenant for nonpayment of rent. Tenant, who was president of the tenants' association, claimed retaliatory eviction as both a defense and counterclaim. Tenant showed that he had paid his rent on time and claimed that landlord was harassing him through the nonpayment case. The court ruled for tenant and found that he could raise retaliatory eviction, not only as a defense, but also as a counterclaim.

Landlord sued to evict tenant for nonpayment of rent. Tenant, who was president of the tenants' association, claimed retaliatory eviction as both a defense and counterclaim. Tenant showed that he had paid his rent on time and claimed that landlord was harassing him through the nonpayment case. The court ruled for tenant and found that he could raise retaliatory eviction, not only as a defense, but also as a counterclaim.

601 West 160 Realty Corp. v. Henry: NYLJ, 3/29/00, p. 31, col. 2 (Civ. Ct. Kings; Sikowitz, J)

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