New Trial Required on Tenant's Retaliatory Eviction Defense

July 31, 2006

LVT Number: 19004

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant claimed retaliatory eviction. The trial court ruled for landlord. Tenant appealed and won. The trial court didn't let tenant fully present her retaliatory eviction defense. Tenant had filed DHCR complaints in 1999. And landlord gave tenant her last renewal lease only after ordered to do so by a court. The trial court shouldn't have put a one-year limit on tenant's testimony regarding her defense. The case was sent back for a new trial.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant claimed retaliatory eviction. The trial court ruled for landlord. Tenant appealed and won. The trial court didn't let tenant fully present her retaliatory eviction defense. Tenant had filed DHCR complaints in 1999. And landlord gave tenant her last renewal lease only after ordered to do so by a court. The trial court shouldn't have put a one-year limit on tenant's testimony regarding her defense. The case was sent back for a new trial.

Prochner v. Grazyna Pancerz: NYLJ, 7/19/06, p. 29, col. 3 (App. T. 2 Dept.; Pesce, PJ, Weston Paterson, Golia, JJ)

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