Tenant Had No Valid Defense to Nonpayment Proceeding

May 31, 2007

LVT Number: 19649

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant was evicted, her income garnished, and her bank account restrained for the back rent owed. Tenant then asked the court to vacate the judgment and lift the restraint on her bank account. The court and appeals court ruled against tenant. Tenant claimed that landlord's failure to give her a rent breakdown in a timely manner had resulted in denial of her application for Jiggetts relief--that is, an increase in the state's rent subsidy.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant was evicted, her income garnished, and her bank account restrained for the back rent owed. Tenant then asked the court to vacate the judgment and lift the restraint on her bank account. The court and appeals court ruled against tenant. Tenant claimed that landlord's failure to give her a rent breakdown in a timely manner had resulted in denial of her application for Jiggetts relief--that is, an increase in the state's rent subsidy. But even if this was true, tenant was responsible for paying the rent and had no valid defense for nonpayment. There was no basis for vacating the judgment.

Classon Village LP v. Bethune: NYLJ, 5/22/07, p. 28, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston Patterson, Golia, JJ)

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