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/ ↗

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Mr. Barr could have commenced a holdover proceeding in February 2012, after Mr. Huggins’ lease expired. Nevertheless, he did not serve a notice to quit until the end of August, and did so, as he stated, because Mr. Huggins refused to pay his rent that month. It appears, therefore, that Mr. Barr would not have commenced this case if Mr. Huggins had paid his rent. Given that Mr. Huggins’ share of the rent was determined by NYCHA and set forth in Mr. Barr’s HAP contract with NYCHA, and the HAP contract was still in effect, Mr. Barr could have sought Mr. Huggins’ share of the rent in a nonpayment proceeding. The court concludes that by electing instead to commence a holdover proceeding, Mr. Barr sought to retaliate against Mr. Huggins for withholding rent, and would not otherwise have commenced this case.

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