LSNYC Helps Brooklyn Tenants Win Precedent-Setting Housing Court Decision

Beverly Rivers was one of several families living at 125 Lenox Rd. in Brooklyn who decided to undertake a rent strike. She and her neighbors started withholding rent because of ongoing building issues that their landlords, Joseph Popack and One Lenox LLC, refused to repair. 

In addition to rats, roaches, and leaky ceilings, the building had a number of serious safety violations, including defective fire escapes and illegal doors —the kinds of direct risks to safety in an emergency that can constitute a Rent Impairing Violation.

There are more than 130,000 so-called rent impairing violations (RIV) across New York City – a particular type of building violation that creates dangerous living conditions for tenants. Raising an RIV as a defense in a housing case can allow a tenant to legally withhold rent while they wait for building conditions to be fixed.

Beverly’s landlord soon took her to housing court for nonpayment of rent, but once there, Legal Service NYC’s Tenant Rights Coalition raised the RIV defense. When upheld by a judge, this defense eliminates rent arrears and forces the landlord to make repairs. The defense, however, requires tenants to deposit withheld rent with the court until the case is settled — sometimes a barrier for low-income New Yorkers. 

Beverly was able use raise this defense with help from an innovative new Defense Fund, a joint effort between Flatbush Tenant Coalition, UHAB, and Brooklyn Legal Services’ Tenant Rights Coalition, with funding from Robin Hood and North Star Fund, which can help other tenants. The fund helped put up the money the tenants needed in order to continue their legal fight.

LSNYC’s successful use of the RIV defense has the potential to change the courtroom landscape for countless tenants across the City.

• Read the press release
• Read the decision here

“Without this vital Defense Fund, my team would not be able to defend me during this traumatic process. And without Right to Counsel, I would not have had a lawyer. I’m so thankful to have had these resources available to me to enforce my rights. Landlords should not be allowed to get away with forcing tenants to live in these conditions. This victory shows that tenants can win the fight for safe housing and not have to fear being displaced.”

Beverly Rivers, tenant leader at 125 Lenox Rd. in Brooklyn

Get Help

Learn more about our housing and foreclosure practice.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.