Tenant Can't Raise Counterclaim About Federal Lead Paint Disclosure Requirements

September 30, 2005

LVT Number: 18377

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court for permission to amend her answer to include a counterclaim based on landlord's violation of federal lead-paint disclosure requirements. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and severed the counterclaim. Tenant's counterclaim wasn't directly related to landlord's claim for nonpayment of rent and whether landlord was entitled to possession of the apartment.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court for permission to amend her answer to include a counterclaim based on landlord's violation of federal lead-paint disclosure requirements. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and severed the counterclaim. Tenant's counterclaim wasn't directly related to landlord's claim for nonpayment of rent and whether landlord was entitled to possession of the apartment. But tenant could maintain her other counterclaim, for breach of warranty of habitability, based on landlord's failure to abate the lead-paint condition.

Graham Court Owners Corp. v. Powell: NYLJ, 9/30/05, p. 24, col. 1 (App. T. 1 Dept.; Suarez, PJ, Gangel-Jacob, Schoenfeld, JJ)

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