Legal Question in Landlord & Tenant Law in New York

Defending Nonpayment

The attorney for our landlord is taking my roommates and I to court for nonpayment. It is true that we have not paid our rent for 7 months, but we did not begin witholding rent until months after trying unsuccessfully to get necessary repairs completed. We even took our landlord to housing court, twice, but he never should up. The court ruled in our favor (we had an inspector confirm violations), but 6 months after we began court proceedings no repairs have been made. We've been trying to move out for a few months, but it's been tough: (A) because of time and (B) because many landlords would not accept our applications because of our recent housing court history. Well, we've finally secured leases to new apartments, but just as we were going to move out, our landlord's attorney sent us a nonpayment notice. How can we successfully defend ourselves and gain abatement??? Thanks.


Asked on 5/06/03, 9:01 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Defending Nonpayment

the notice for non-payment is the first step in taking you to court for money damages. you must answer. housing court is informal and allows you to 'answer' either by filing a written answer or by merely showing up on the court date and responding in person.

you must explain to the judge that you have won several suits against this landlord for non-repair. then you must tell the judge that the repairs have yet to be made and that you have moved out. MAKE SURE THE RECORD SHOWS THAT YOU HAVE MOVED TO A NEW ADDRESS. that is important for the future.

you are welcome to a direct consultation with me at no charge. my offices are at 42 west 44 st. the ass. of the Bar of the City of NY. 646-591-5786. make sure you make an appt first.

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Answered on 5/07/03, 9:39 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Defending Nonpayment

Depending on the type of repairs needed and not performed, you may also have a counter claim for breach of the "implied warranty of habitability" that is implied in EVERY lease. In general this warranty is given to Tenant and mandates that the apartment is safe and suitable for renting. Ex.'s of breach may include: lack of adequate heat, roach infestation, leaks, un-safe electricity service, un-safe stove hook-ups even non-working stoves, toilets etc. I think you get the idea.

Good Luck!

Debra Palazzo 914 961-7800

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Answered on 5/07/03, 9:55 am


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