Legal Question in Landlord & Tenant Law in New York

Re: countersuing

1. If you have a case before the court already (he is suing you for back rent or holdover), then just show up in court with your case.

The evidence is hugely importatnt. Photographs and other witnesses (by affidavit) are very importatnt.

Also, the problems with the apartment must be worthy of 'warranty of habitability'.

2. You can also bring an action directly against the landlord in your name.

3. If you want the problem fixed but are not asking for a reduction of rent, then there is a 3rd option: allege an HPD violation and this administrative agency will come to your home to investigate and fine the landlord if the conditions are not fixed.

Re: countersuing

A breach of the warranty of habitability is a defense to the payment of rent. It is different than an action against your landlord for damages.

In court, you tell the judge the reasons why the apartment is not habitable: no heat, no hot water, cracked paint, broken appliances, rodents, etc. As already mentioned, proof is very important. Pictures, people, experts, should all be brought to support your defense. The judge will then determine if you're entitled to an abatement of your rent.

Depending where you live there are several community agencies to assist tenants in your situation. Try finding them on the net.