Tenant Can't Raise Violations as Defense

(Decision submitted by Jason D. Boroff of the Brooklyn law firm of Cohen, Hurkin, Ehrenfeld, Pomerantz & Tenenbaum, attorneys for the landlord.) Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Tenant received public assistance to pay a portion of his rent and claimed that, under the Spiegel Law, rent wasn't due. The Spiegel Law permits the city to withhold rent payment if there are serious building violations. The court ruled against tenant. In this case, the city hadn't stopped making its portion of the rent payments under the Spiegel Law. So tenant couldn't rely on that law as a defense in the nonpayment case.

Rutland Road Assocs. v. Deans: Index No. 67078/99 (Civ. Ct. Kings 12/7/99; Birnbaum, J) [3-pg. doc.]