Section 3025

Citation: Section 3025
Parent Document: Baer v. Huggins, 41 Misc. 3d 605 (2013)
Jurisdiction: New York (state)
Effective Date: 2013-08-08
Original Source: https://www.courtlistener.com/opinion/6314692/baer-v-huggins/ ↗

Full Text

845 chars

According to Mr. Barr, he commenced this proceeding because in August 2012 Mr. Huggins refused to pay his rent and told him to take him to court. In light of Mr. Huggins’ testimony that he had leaks in his apartment, testimony which was supported by HPD’s printout of violations, his withholding of rent in August, coupled with his telling Mr. Barr to take him to court, constitutes an action taken in good faith to enforce his rights under section 235-b of the Real Property Law, the statutory warranty of habitability,3 ****8 and therefore is action protected under section 223-b. (See Real Property Law § 223-b [1] [b].) However, because withholding rent is not equivalent to commencing an action or proceeding to enforce rights under section 235-b, it is insufficient to create a rebuttable presumption of retaliation. (See § 223-b [5] [b].)

Other Sections in This Document (37)

Full Text