Landlord-Tenant—Tenant’s Complaint to Housing Authority Was Allegedly “Revenge” For Landlord’s Prior Complaint Against Tenant—Failure to Make Repairs Constituted Unlawful Retaliation—RPL §223(b) Is Not Complete Defense in Nonpayment Proceedings Where Landlord’s Retaliation Deprived Tenant of Subsidy—RPL §223(b) Provides Set Off Against Rent Owed—Warranty of Habitability Violations Minor—2 1/2 Percent Abatement of Rent
A landlord commenced a nonpayment proceeding against a tenant pursuant to RPAPL §711(2). The rent was $850 per month. The tenant received a rent subsidy from a Public Housing Authority (PHA) pursuant to the Section 8 voucher program. The PHA paid the subsidy directly to the landlord. The landlord had complained to the PHA that “the tenant had unacceptable amount of debris in the yard and unmitigated cat feces in the apartment and in the hallway.” The PHA threatened “to terminate the subsidies unless the tenant remedied the problems.” The tenant addressed the problems. Thereafter, the tenant lodged a complaint to the PHA against the landlord. In response, the PHA cited several violations which the landlord was required “to correct within thirty (30) days or the subsidy would be terminated.” The landlord asserted that the tenant’s complaint to the PHA was “‘revenge’ for her earlier complaint.” The landlord wrote to the tenant and the PHA, indicating that she would not make the requested repairs. Rather, the landlord demanded that the tenant vacate the premises.
