Violations Delay Nonpayment Case

February 1, 2001

LVT Number: 14737

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a Spiegel Law defense. That law gives tenant welfare recipients a defense in nonpayment cases if there are housing violations. Tenant was getting welfare during the entire period for which landlord sought back rent. And tenant submitted an HPD report showing that a number of repairs were needed in the apartment. The court ruled for tenant. However, the court didn't dismiss the case. The court simply delayed the case until landlord made the repairs.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed a Spiegel Law defense. That law gives tenant welfare recipients a defense in nonpayment cases if there are housing violations. Tenant was getting welfare during the entire period for which landlord sought back rent. And tenant submitted an HPD report showing that a number of repairs were needed in the apartment. The court ruled for tenant. However, the court didn't dismiss the case. The court simply delayed the case until landlord made the repairs.

Podsiadlo v. Ramos: NYLJ, 1/17/01, p. 30, col. 1 (Civ. Ct. Kings; Baily-Schiffman, J)

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