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Laches and defenses allowed at time of filing answer.

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Laches and defenses allowed at time of filing answer.

Postby Abaldbrotha » Tue Apr 04, 2023 7:30 pm

Hello all,

In NYC, what defenses must be raised on the answer or be denied? I ask because my situation is complicated. I just got a non payment petition for rent from 2015 to 2023. As crazy as that sounds, the Lanlord runs a shoddy operation. They just let it pile up. Laches is a defense I want to raise. In addition , I was harassed by the landlord who went in my home with the cops without telling me and asked my neighbors if I sell drugs or sublet. My neighbors told me. I have evidence and a ring video from neighbors. Finally, I have serious medical problems and was terminated from 2 jobs due to disability discrimination. So, should I put all of this in the answer? If I don't will I lose the opportunity to raise these and other issues?

Your help is appreciated.
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Re: Laches and defenses allowed at time of filing answer.

Postby TenantNet » Tue Apr 04, 2023 9:28 pm

You're asking for a book here. You don't say if you're rent stab or not, and that can make a big difference. You can answer in person (we don't recommend that unless you know what you're doing, or have a lawyer do it.
https://www.nycourts.gov/courts/nyc/hou ... ring.shtml
and see the form at
https://www.nycourts.gov/courts/nyc/civ ... -LT-92.pdf
and
https://www.nycourts.gov/courts/nyc/hou ... riting.pdf

First, there is a six year statute of limitations for rent, so they can't sue (but they will try) for anything prior to 2017. However, see if that 6-years was extended due to the pandemic.

Check with an attorney, but I'm not certain that laches will get you off completely. It might get the housing court case dismissed without prejudice, but allow the LL to bring a similar case in Civil Court. I've heard both.

Harassment is very hard to prove. Cops can't go in without a warrant or probably cause (I'm not an expert in this), but they will lie about it. I don't believe the LL can give them permission. LLs can go in if there's an emergency, but for the cops to go in, I think they still need a warrant or probable cause.

If that amounts to harassment, I can't be certain. The bar is VERY HIGH for harassment.

I don't know why your medical issues would be part of an answer. Understand that an answer is a very short document where you admit or deny to the LL's claims. You do not try to explain things in an answer (that comes later). You can also put in defenses or counterclaims, but again, they should be bare bones, just bullet points.

If complicated, get a lawyer.

In the end, better to put things in than to try to raise then later.
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