Tenants Claim Rent-Impairing Violations on Building's Record

Facts: Tenants sued landlord to get rentimpairing violations removed. At the same time landlord sued tenants for nonpayment of rent. In defense, tenants claimed that the rent-impairing violations had existed uncorrected for over six months. Tenants demanded full rent abatements for the period following those six months. Landlord receiver settled tenants' HP action in 1993 by giving tenants a rent abatement and agreeing to make repairs. Landlord claimed that tenants couldn't therefore raise a defense in the nonpayment cases again by seeking rent abatements. Court: Landlord loses on this issue. Tenants could raise the violations as a defense since they had a right to under Multiple Dwelling Law section 302-a and since the period in question may be different from that covered by the prior stipulation.In addition, a trial was needed to determine whether the rent-impairing violations still existed or existed for more than six months, and whether HPD waived these violations.

Worley v. 151 West Realty Co.: NYLJ, p. 29, col. 2 (5/24/95) (Civ. Ct. NY; Wendt, J)