DEALING WITH RENT IMPAIRING VIOLATIONS UNDER THE MULTIPLE DWELLING LAW

FOOD FIRST HDFC INC. v. Turner, 2020 NY Slip Op 51155 - NY: City Court, Civil Court October 5, 2020:

"......If HPD's official records show that an owner of a multiple dwelling does not remove a rent-impairing violation within six months after the notice of the violation, and if a tenant of "any premises in such multiple dwelling" pleads such a defense in a nonpayment proceeding and deposits with the clerk of the Court the amount of rent the owner demands in its petition, then the owner may not recover any rent after the expiration of the six months so long as the violation remains uncorrected. MDL §§302-a(3)(a), 302-a(3)(c). As Respondent has fulfilled every condition to the letter of the statute, Respondent proves, as a prima facie matter, that Petitioner may not collect rent from her from six months after the notice of the first violation until Petitioner corrects the Violations. 50 Manhattan Ave. LLC v. Powell, 2018 N.Y.L.J. LEXIS 777, *5-6 (Civ. Ct. NY Co.), Worley v. 151 W. Realty Co., 1995 N.Y.L.J. LEXIS 9783, *4 (Civ. Ct. NY Co.).

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Accordingly, Respondent is entitled to summary judgment on her defense pursuant to MDL §302-a. According to the facts Respondent has demonstrated by this motion, the statute precludes Petitioner from recovery of rent "for the period that such violation remains uncorrected after the expiration of said six months." MDL §302-a(3)(a). Words mean the same thing even when used in different statutes if the statutes concern the same subject matter. Benesowitz v. Metro. Life Ins. Co., 8 NY3d 661, 668 (2007). The statutory use of the word "period" in relation to landlord/tenant relationships speaks of the relevant time interval for payment of rent in terms of months. RPL §232-c ("if the landlord shall accept rent for any period subsequent to the expiration of such term the tenancy created shall be a tenancy from month to month commencing on the first day after the expiration of such term")(emphasis added). If a landlord does not correct a rent-impairing violation within six months of its issuance, then, the "period after the expiration of said six months" referred to in MDL §302-a(3)(a) means the month following the expiration of the six-month period. Similarly, if the "period" that a rent-impairing violation "remains uncorrected" ends in the middle of a month, the "period" in which a landlord may not recover rent includes the entirety of that month.

Six months after the issuance of the Violations in this matter fell in December of 2019. Petitioner therefore may not recover rent starting in January of 2020. The Violations remained uncorrected until July of 2020, so the first month that Petitioner may therefore receive rent is August of 2020. Respondent's rent for January of 2020 was $1,048.29 and from February through July of 2020 was $1,074.46. Respondent's aggregate rent liability from January through July of 2020 was $7,495.05. Respondent is entitled to a credit of this amount which, when set off against the amount demanded in the petition of $4,193.16, leaves a credit of $3,301.89. As the credit is greater than the judgment amount demanded in the petition, the Court dismisses the petition.

After dismissal of the petition, what remains of the proceeding is Respondent's counterclaims. At oral argument of this motion, Respondent indicated that it made sense to revisit the question of the course of this proceeding in the event the Court dismissed the petition. The Court therefore holds in abeyance the balance of Respondent's motion pending a conference of this matter which the Court will calendar virtually with the parties.

The Court further directs the clerk of the Court to release to Respondent the $4,193.16 that Respondent had deposited with the Court on December 19, 2019, which was memorialized as transaction No. 3490."