Q: My Apartment is refusing to sign my lease or accept rent. Now they are suing me in civil court for all the fees and rent
How do I force them to renew my lease? How do I get out of paying them anything or at least anything until they renew my lease? The apartment and building have had terrible conditions including no gas for months unreliable heat and hot water, dangerous elevator constantly out of service, in repaired hazards in my apartment, and infestations. I also previously sued the landlord when lead was found in the paint in my unit downstairs — and won. This new litigation feels a lot like clear retaliation ESPECIALLY since they are regarding this as a civil case not a housing court matter this preventing me from obtaining free representation.
A:
Dear Manhattan Tenant:
I do not know what you mean by treating it as a Civil case, not a landlord and tenant case. If the lawsuit seeks eviction because the lease expired and the landlord provided written notification as required by NYS Real Property Law Section 226-C, that is still a landlord and tenant case, but it is a Holdover Proceeding, not a nonpayment proceeding. Contact a lawyer and provide the case Index Number so the attorney can check out the case online without you needing to send any documents to the lawyer.
If you meant that the landlord initiated a lawsuit for unpaid rent but not an eviction proceeding in Housing Court, there is a legitimate explanation for doing so. The existence of rent-impairing violations [https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-57384] may very well preclude suing for eviction for unpaid rent in a summary proceeding since the NYS Multiple Dwelling Law may be invoked in defense by the tenant. https://law.justia.com/codes/new-york/2022/mdw/article-8/302-a/
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