Tenant Can't Raise Unrelated Claim

Landlord sued to evict deregulated tenant when tenant's lease expired. Tenant counterclaimed for $1,000 he claimed was due as reimbursement for painting the apartment. The court severed tenant's claim and said that tenant should make the claim in a separate case. Tenant's claim wasn't related to the question of whether landlord had a right to possession of the apartment and therefore shouldn't be determined in the eviction proceeding. Similarly, tenant's claim for a rent overcharge for any period that he was rent stabilized also was no defense to landlord's eviction claim, but could be raised if landlord claimed use and occupancy fees for any period that the apartment was rent stabilized.

Andy Roo Corp. v. Bodin: L&T Index No. 99438/08 (5/21/09) (Civ. Ct. NY; Fitzpatrick, J)