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Decided on July 18, 2011
Just Ct, Town of Ossining, Westchester County

159/2011
Parties appeared pro se.
John W. Fried, J.
The issue is whether a hold over Section 8 tenant, who becomes a month-to-month tenant, is liable to his landlord for both his share and the federal subsidy share of the monthly rent, when the subsidy is not paid because the leased premises are in violation of federal housing quality standards.
On June 28, 2011, the pro se Landlord brought this summary proceeding to recover possession of residential real property, the first floor apartment unit at 18 Croton Street, in the Village of Ossining (the "Premises"), and for damages for rent arrears for June 2011 in the amount of $1,000.
In defense of the summary proceeding, the pro se Tenant verbally alleged, in substance, that he should be relieved of any legal obligation to pay rent for June 2011 because the Premises are in poor condition. The Court understood this defense to allege that the Landlord had breached the statutory warranty of habitability. In every written or oral lease or rental agreement for residential premises, a landlord or lessor shall be deemed to covenant and warrant that the leased or rented premises, and all common areas, are fit for human habitation, are fit for the uses reasonably intended by the parties, and that the occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous or detrimental to their life, health or safety. (Real Property Law

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