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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)

Citation
Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)
Parent Document
Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)
Jurisdiction
New York (state)
Effective Date
2004-05-11

Other Sections in This Document (40)

Full Text

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Social Services Law § 143-b (5) (a) provides that it “shall be a valid defense in any action or summary proceeding against a welfare recipient for non-payment of rent to show existing violations in the building wherein such welfare recipient resides which relate to conditions which are dangerous, hazardous or detrimental to life or health as the basis for non-payment.” The tenant contends that she should be able to invoke this defense whenever there is a qualifying violation in her building, regardless of whether the “appropriate social services agency”—here the HRA—has first withheld rent on that basis. We conclude that the structure, language, history and legislative intent of the Spiegel Law negate the tenant’s interpretation of section 143-b (5).