Tenant Didn't Notify Landlord of Violation

November 1, 1998

LVT Number: 12752

Landlord sued to evict tenant for nonpayment of rent. Tenant was on welfare and received a shelter allowance. Tenant claimed there were hazardous conditions in her apartment and that under the Spiegel Law she didn't owe landlord any rent. The court ruled against tenant. Under the Spiegel Law, tenants on welfare have a defense to a nonpayment proceeding if there are hazardous violations. The court noted that there was some question as to whether tenant could raise the defense, or if only the DSS could.

Landlord sued to evict tenant for nonpayment of rent. Tenant was on welfare and received a shelter allowance. Tenant claimed there were hazardous conditions in her apartment and that under the Spiegel Law she didn't owe landlord any rent. The court ruled against tenant. Under the Spiegel Law, tenants on welfare have a defense to a nonpayment proceeding if there are hazardous violations. The court noted that there was some question as to whether tenant could raise the defense, or if only the DSS could. However, in this case, tenant didn't notify landlord of the violations in her apartment for several years and, once notified, landlord promptly corrected the conditions. So tenant had to pay the rent owed.

Kouletas Real Estate v. Collado: NYLJ, p. 26, col. 6 (10/14/98) (Civ. Ct. NY; Arber, J)

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