Tenant Can File Amended Answer

September 30, 1999

LVT Number: 13564

Landlord sued to evict tenant for nonpayment of rent. After tenant got an attorney, she asked for permission to file an amended answer to landlord's petition. Landlord objected. The court ruled for tenant. Tenant was entitled to raise the issue of rent overcharge, going back four years. Tenant could also raise a Spiegel Law defense in her amended answer, based on the bad conditions she had already claimed existed in her apartment.

Landlord sued to evict tenant for nonpayment of rent. After tenant got an attorney, she asked for permission to file an amended answer to landlord's petition. Landlord objected. The court ruled for tenant. Tenant was entitled to raise the issue of rent overcharge, going back four years. Tenant could also raise a Spiegel Law defense in her amended answer, based on the bad conditions she had already claimed existed in her apartment.

First Time Realty Co. v. Payton: NYLJ, p. 31, col. 3 (9/15/99) (Civ. Ct. Kings; Sikowitz, J)

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