Legal Packet

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NEW YORK )

) ss.

[COUNTY] COUNTY )

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[TENANT FULL NAME],

Defendant,

v.

[LANDLORD FULL NAME],

Plaintiff.

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ANSWER TO SUMMARY PROCEEDING

[CIVIL COURT OF THE CITY OF NEW YORK / DISTRICT COURT / CITY COURT]

Index No.: _______________

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COMES NOW Defendant, [TENANT FULL NAME], and submits this Answer to the Summary

Proceeding Petition as follows:

PARTIES AND JURISDICTION

1. Defendant [TENANT FULL NAME] is a tenant residing at [PROPERTY ADDRESS],

[CITY], New York [ZIP].

1. Plaintiff [LANDLORD NAME] is the owner/landlord or agent of the subject

property.

1. This Court has jurisdiction over this summary proceeding pursuant to

N.Y. RPAPL § 711.

STATEMENT OF FACTS

1. Defendant has resided at the subject property since [MOVE-IN DATE] under a

[written/oral] rental agreement.

1. The monthly rent is $[AMOUNT], due on the [DAY] of each month.

1. On or about [DATE], Defendant was served with a Notice of Petition and

Petition seeking possession of the premises based on [state grounds alleged

in landlord's petition: non-payment of rent / holdover / other].

1. [Describe what happened: any rent paid, any conditions at the property,

any communications with landlord, any repairs requested.]

GENERAL DENIAL

1. Defendant denies each and every allegation contained in the Petition not

specifically admitted herein.

DEFENSES

FIRST DEFENSE: BREACH OF WARRANTY OF HABITABILITY

1. Under N.Y. Real Prop. Law § 235-b, "In every written or oral lease or rental

agreement for residential premises the landlord or lessor shall be deemed to

covenant and warrant that the premises so leased or rented and all areas used

in connection therewith in common with other tenants or residents are fit for

human habitation and for the uses reasonably intended by the parties and that

the occupants of such premises shall not be subjected to any conditions which

would be dangerous, hazardous or detrimental to their life, health or safety."

1. Plaintiff has breached the warranty of habitability by failing to maintain

the premises in a fit and habitable condition. Specifically:

[LIST SPECIFIC CONDITIONS: e.g., lack of heat, hot water, mold, pest

infestation, broken windows, plumbing problems, electrical hazards, etc.]

1. As a result of these conditions, the premises are not fit for human

habitation, and Defendant is entitled to a rent abatement.

SECOND DEFENSE: RETALIATORY EVICTION

1. Under N.Y. Real Prop. Law § 223-b, "No landlord of premises or units to

which this section is applicable shall serve a notice to quit upon any tenant

or commence any action to recover real property or summary proceeding to

recover possession of real property in retaliation for: a. A good faith

complaint, by or in behalf of the tenant, to the landlord, the landlord's

agent or a governmental authority of the landlord's alleged violation of any

health or safety law, regulation, code, or ordinance, the warranty of

habitability under section two hundred thirty-five-b of this article..."

1. Within [NUMBER] days prior to the commencement of this proceeding, Defendant

[complained to a government agency about conditions / complained to landlord

about conditions / requested repairs / joined a tenant organization].

1. This proceeding is retaliatory and barred by N.Y. Real Prop. Law § 223-b.

THIRD DEFENSE: FAILURE TO PROPERLY SERVE NOTICE

1. Under N.Y. RPAPL § 733, in proceedings other than for non-payment of rent,

"the notice of petition and petition shall be served at least ten and not

more than seventeen days before the time at which the petition is noticed

to be heard."

1. [Describe any defects in service: notice period too short, improper service

method, petition not properly served, etc.]

FOURTH DEFENSE: ACCEPTANCE OF REN WAIVES RIGHT TO PROCEED

1. Under N.Y. RPAPL § 711, "Acceptance of rent after commencement of the

special proceeding upon this ground shall not terminate such proceeding nor

effect any award of possession to the landlord or to the new lessee, as the

case may be."

1. However, acceptance of rent by the landlord after the alleged default

and before commencement of this proceeding [describe: landlord accepted

rent for months after alleged default / landlord cashed rent checks while

knowing of alleged default].

FIFTH DEFENSE: ONLY RENT MAY BE SOUGHT IN SUMMARY PROCEEDING

1. Under N.Y. RPAPL § 702, "In a proceeding relating to a residential dwelling

or housing accommodation, the term 'rent' shall mean the monthly or weekly

amount charged in consideration for the use and occupation of a dwelling

pursuant to a written or oral rental agreement. No fees, charges or penalties

other than rent may be sought in a summary proceeding pursuant to this

article, notwithstanding any language to the contrary in any lease or rental

agreement."

1. Plaintiff is seeking [late fees / attorney's fees / other charges] in

addition to rent, which is prohibited by N.Y. RPAPL § 702.

COUNTERCLAIMS

FIRST COUNTERCLAIM: BREACH OF WARRANTY OF HABITABILITY

1. Defendant repeats and realleges paragraphs 1 through 11 as if fully set

forth herein.

1. Plaintiff's breach of the warranty of habitability has caused Defendant

to suffer damages in the form of reduced value of the tenancy.

1. Defendant is entitled to a rent abatement in an amount to be determined

by this Court, but in no event less than [PERCENT]% of the monthly rent.

SECOND COUNTERCLAIM: SECURITY DEPOSIT

1. Plaintiff holds a security deposit of $[AMOUNT] paid by Defendant at the

commencement of the tenancy.

1. Under New York General Obligations Law § 7-103, security deposits must be

held in trust and returned with interest.

1. Defendant is entitled to return of the security deposit with accrued

interest.

PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

a) Dismiss the Petition in its entirety;

b) Grant a rent abatement for the period during which the warranty of

habitability was breached;

c) Order Plaintiff to return Defendant's security deposit with interest;

d) Award Defendant costs and disbursements; and

e) Grant such other and further relief as the Court deems just and proper.

VERIFICATION

I, [TENANT FULL NAME], affirm under the penalties of perjury pursuant to

N.Y. Penal Law § 210.45 that the foregoing is true and correct to the best

of my knowledge, except as to matters alleged on information and belief,

which I believe to be true.

Executed this ___ day of _____________, 20___.

______________________________

[TENANT SIGNATURE]

[TENANT FULL NAME, printed]

[ADDRESS]

[CITY, STATE, ZIP]

[PHONE NUMBER]

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FILING INSTRUCTIONS

New York City (Housing Part):

Court: Housing Court, Civil Court of the City of New York

Address: [Varies by borough - see below]

Filing Fee: $45 (Answer filing fee)

Deadline: Must be filed before or at the time of the court appearance

Bronx: 1118 Grand Concourse, Bronx, NY 10456

Brooklyn: 141 Livingston Street, Brooklyn, NY 11201

Manhattan: 111 Centre Street, New York, NY 10013

Queens: 89-17 Sutphin Boulevard, Jamaica, NY 11435

Staten Island: 927 Castleton Avenue, Staten Island, NY 10310

Outside New York City:

Court: [District Court / City Court / Justice Court - depends on locality]

Address: [Local court address]

Filing Fee: Approximately $45-75 (varies by court)

Deadline: Must appear on return date stated in Notice of Petition

Fee Waiver: If you cannot afford the filing fee, request a Fee Waiver

Application (Poor Person Order) from the court clerk. You must show proof

of income (pay stubs, public assistance, SSI award letter, etc.).

Service: After filing, serve a copy on the landlord or landlord's attorney

by mail at least [NUMBER] days before the court date.

Legal Aid Resources:

• Legal Aid Society (NYC): (212) 577-3300
• Housing Court Answers: (212) 962-4795
• NY State Bar Legal Help: https://nysba.org/need-legal-help
• LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid

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