Tenant Can't Use Spiegel Law Defense

(Decision submitted by Denise M. May of the Rego Park, N.Y., law firm of Pennisi Daniels & Norelli, LLP, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant raised a Spiegel Law defense, claiming that DSS had withheld rent payments made on tenant's behalf because of hazardous violations in the building. Tenant asked the court to dismiss the case. The court ruled for tenant in part, agreeing only to delay the case until landlord fixed the violations. Landlord appealed, claiming that tenant hadn't shown that DSS had withheld rent payments. The appeals court ruled for landlord. The Spiegel Law defense is available only if DSS withheld rent payments based on hazardous conditions. It doesn't authorize tenants themselves to withhold rent payments based on violations that may exist in the building.

Notre Dame Leasing LLC v. Rosario: NYLJ, 4/18/01, p. 22, col. 1 (App. T.2 Dept.; Scholnick, JP, Patterson, Golia, JJ)