Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)

Citation
Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)
Parent Document
Tower West Associates v. Derevnuk, 114 Misc. 2d 158 (1982)
Jurisdiction
New York (state)
Effective Date
1982-04-19

Other Sections in This Document (59)

Full Text

614 chars
To begin with, the collective withholding of rent is not per se unlawful simply because it does not comply with the procedures set forth in RPAPL article 7-A. (See, e.g., Park West Mgt. Corp. v Mitchell, 47 NY2d 316, cert den 444 US 992, supra.) Tenants may be successful on a counterclaim of a breach of the warranty of habitability even if they have failed to comply with the requirements of that statute. Contrary to the landlord’s belief, a failure to comply with that statute does not thereafter taint any use made by the tenants of rent money, a part of which they may be entitled to, withheld in good faith.