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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 3025

Citation
Section 3025
Parent Document
Baer v. Huggins, 41 Misc. 3d 605 (2013)
Jurisdiction
New York (state)
Effective Date
2013-08-08

Full Text

432 chars
. A tenant may enforce his rights under the warranty of habitability by seeking damages in a plenary action or by asserting breach of the warranty of habitability as a defense and/or counterclaim in a summary nonpayment proceeding. (See Park W. Mgt. Corp. v Mitchell, 47 NY2d 316, 329 [1979].) Thus, a tenant may enforce his rights under section 235-b by withholding rent and inducing a landlord to commence a nonpayment proceeding.