Tenant Can't Vacate Judgment Based on Violations

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant later asked the court to vacate the judgment. Tenant received welfare benefits and claimed there were building violations that barred landlord from collecting rent. Tenant relied on the ''Spiegel Law,'' which gives tenants receiving welfare a valid defense in a nonpayment case based on hazardous conditions in tenant's building. The court ruled against tenant. The Spiegel Law applies to violations reported to the proper agency. Tenant didn't ask for a court inspection of her apartment until four months after the court's order was issued. Tenant wasn't at the apartment on two occasions when court-ordered inspections were scheduled. Landlord also showed that tenant didn't provide access for repairs.

2326 Grand Assn. v. Moran: NYLJ, p. 29, col. 5 (5/13/98) (Civ. Ct. Bronx; Fiorella, J)