Bronx 1134 W. Farm Rd. LP v. Arriaga

Abstract

The tenant in a rent-stabilized apartment sought to amend their answer to raise warrant of habitability and overcharge defenses. The landlord opposed the overcharge defense. The court granted the tenant\u27s motion to amend to include the warrant of habitability defense but denied the motion to include the overcharge defense. The court found that the tenant failed to adequately plead the existence of a fraudulent scheme to deregulate the apartment