In the years immediately prior to this proceeding,
Petitioner had commenced three other non-payment proceedings, under Index Nos
91371/09, 80770/12, and 64909/13. The court reviewed the prior proceedings in part to
determine if Respondent was permitted to assert a counterclaim going as far back as
January 2010 as he requested at trial. The proceeding under 91371/09, was settled on
November 19, 2009 the initial return date [FN1]. The stipulation provided for a final
judgment in the amount of $7105.68, and the warrant of eviction issued on December 15,
2009. Two subsequent stipulations were entered on January 11, 2010, and March 23,
2010.
The second proceeding was under index number 80770/12. Petitioner issued a rent
demand dated August 23, 2012, seeking $7672.54, in arrears from August 2011 to
August 2012. The petition was dated September 18, 2012. Respondent filed an answer
on October 5, 2012, alleging a portion of the rent had already been paid, that repairs from
a prior proceeding had not been done, seeking an abatement for a breach of warranty of
habitability, and asserting laches. The proceeding was initially returnable on October 16,
2012, and was adjourned for trial and an inspection by Department of Housing
Preservation and Development (DHPD) to November 19, 2012. The inspection took
place on October 23, 2012, and resulted in seven class "B" violations and three class "C"
violations for conditions including missing carbon monoxide detector, painting and
plastering, broken or defective surfaces on the walls and ceilings, defective marble
saddle at the entrance to the bathroom, defective base cabinet in the kitchen, broken or
defective window counter balances, a missing smoke detector, and mold. On January 29,