Rent Impairing Violations – a Powerful but Complicated Defense
Aug 06, 2025
In Episode 50, we take a deep dive on a powerful tenant defense that very few tenants know anything about. The Rent Impairing Violation defense, pursuant to Multiple Dwelling Law § 302-a, is a substantive defense, that, if successfully employed, means that certain rent is not owed and will never be owed. This could result in months or years of arrears not being collectible. However, the Rent Impairing Violation defense is very complicated to use and comes with risk because you must deposit contested rent with the court.
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