Tenants Can't Counterclaim for Breach

December 1, 1995

LVT Number: 10226

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. By the time the case got to court, tenant had paid the rent owed. The court found that there was a breach of the warranty of habitability and that tenant was responsible for 10 percent of the breach. But the court found that tenant couldn't counterclaim for a set-off at this point. Tenant didn't comply with New York City Law (Admin. Code sec. 7-201), requiring that she file a notice of claim for a money judgment against landlord NYCHA.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed breach of the warranty of habitability. By the time the case got to court, tenant had paid the rent owed. The court found that there was a breach of the warranty of habitability and that tenant was responsible for 10 percent of the breach. But the court found that tenant couldn't counterclaim for a set-off at this point. Tenant didn't comply with New York City Law (Admin. Code sec. 7-201), requiring that she file a notice of claim for a money judgment against landlord NYCHA. This requirement applies to all actions filed against the city. And since tenant had paid all back rent, there was no legal basis for giving tenant a percentage set-off against rent owed.

NYC Housing Authority v. Smith: NYLJ, p. 30, col. 5 (11/22/95) (Civ. Ct. Kings; Hoahng, J)

Topics

More like this