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
Original Source: https://www.courtlistener.com/opinion/5630863/notre-dame-leasing-llc-v-rosario/ ↗

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The provision was clearly enacted because existing remedies were insufficient to combat the problems faced by tenants receiving public assistance. Allowing tenants to withhold rent themselves continues to further the purpose of the statute, especially in light of the present situation where public welfare officials apparently are not using their statutory power to withhold rent when violations are present. Welfare officials typically do not withhold payments before an action or a special proceeding is commenced (see Lebovits, Nonpayment Proceedings: The So-Called Spiegel Defense, 2 Landlord-Tenant Prac Rep 1, 5 [May 2001]). In light of this inaction, the majority’s interpretation of the statute essentially thwarts its purpose—taking away the threat of nonpayment of rent to offending landlords and the incentive to make repairs. A plain reading of the statute is nei*470ther an attempt to undermine the statutory scheme nor to rewrite it (see majority op at 465, 467), but preserves for all recipients of public assistance a defense conferred by the Legislature.*

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