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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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Thus, as the tenant would have it, public assistance tenants subject to eviction proceedings could cite any violation in their buildings—even those having no effect whatsoever on them—as a basis for interposing a Social Services Law § 143-b (5) defense and would not pay rent (or deposit any with the court) during the pendency of the proceedings.3 By contrast, in actions for eviction or unpaid rent, tenants claiming a breach of warranty of habitability under Real Property Law § 235-b (l)4 5or who seek an abatement of rent under Multiple Dwelling Law § 302-a for a “rent impairing” violation5 must nevertheless deposit with the court the amount of rent sought to be recovered. We note that both Real Property Law § 235-b and Multiple Dwelling Law § 302-a permit tenants to withhold or abate rent for deficient conditions that, while outside their individual apartments, impair their occupancy and enjoyment of the building generally.