Tenant Can Offset Rent by Difference Paid for Sublet When Apartment Was Uninhabitable

Landlord sued to evict tenant for nonpayment of rent. Tenant answered landlord's court petition, but later asked the court for permision to amend her answer and add a counterclaim. The court ruled for tenant. Tenant claimed constructive eviction and a breach of the warranty of habitability. Landlord claimed that tenant caused the apartment conditions, but HPD violations contradicted landlord's claim. Tenant also sought reimbursement for the difference between the rent paid to landlord and the rent she paid for a sublet apartment after she moved out of the apartment because it was uninhabitable. Tenant could raise this claim because it was intertwined with landlord's claim for rent.

Freedom Associates v. Edwards: NYLJ, 6/6/07, p. 20, col. 1 (Civ. Ct. NY; Schreiber, J)