Tenant Withheld Rent Based on Unsanitary Conditions

May 31, 1999

LVT Number: 13280

Landlord NYCHA placed tenant on probation for chronic nonpayment of rent. Tenant appealed NYCHA's administrative ruling, claiming that it was unreasonable. Landlord claimed that tenant didn't have a right to withhold rent. Tenant claimed he withheld rent due to unsanitary conditions in the apartment. Tenant had brought a special case against landlord in housing court (known as an HP case) and had gotten a 50 percent rent abatement in a nonpayment case because of the conditions. The court ruled for tenant and found that NYCHA's rule barring the withholding of rent was unreasonable.

Landlord NYCHA placed tenant on probation for chronic nonpayment of rent. Tenant appealed NYCHA's administrative ruling, claiming that it was unreasonable. Landlord claimed that tenant didn't have a right to withhold rent. Tenant claimed he withheld rent due to unsanitary conditions in the apartment. Tenant had brought a special case against landlord in housing court (known as an HP case) and had gotten a 50 percent rent abatement in a nonpayment case because of the conditions. The court ruled for tenant and found that NYCHA's rule barring the withholding of rent was unreasonable. The court sent the case back to NYCHA for further investigation of whether, under the circumstances, tenant's rent withholding was reasonable.

Law v. Franco: NYLJ, p. 31, col. 5 (5/12/99) (Sup. Ct. Bronx; Friedman, J)

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