As a result, by Notice of Petition and Petition filed November 18, 2013,
Landlord commenced the instant nonpayment proceeding against Tenant to recover three
months of rent arrears totaling $2,714.26, possession of the apartment and reasonable
costs and legal fees. By Answer dated December 2, 2013, Tenant answered generally
denying the allegations and raising as an Affirmative Defense that her Premises were in
need of repairs in violation of the Warranty of Habitability embodied in Real Property
Law § 235-b. Tenant attached to her Answer a letter from Lutheran Social Services
of New York, dated October 1, 2013, stating that Tenant participates in their family
treatment rehabilitation services and that, in assessing the safety of her home, they
determined that her "current residence has an infestation of rats and cockroaches which
pose a serious health risk to her children."
On the first appearance, December 6, 2013, Tenant requested an
adjournment to obtain counsel and the parties consented to Landlord inspecting and
repairing certain of the conditions in the Premises, including paint and fix holes
throughout, problems with the refrigerator and stove and extermination of vermin
throughout the Premises. On February 4, 2014, Tenant appeared represented by BOOM!
Health Legal Services, listed several repairs to be made by Landlord, and the matter was
adjourned for a rent abatement hearing. It appears that Landlord still failed to make the
previously agreed-upon repairs. Among the conditions listed, which were confirmed by
HPD Violations Notices dated February 7, 2014, were: (1) rat and cockroach infestation;
(2) paint and repair leaks throughout the apartment; (3) broken/defective wood floor with