Notre Dame Leasing, LLC v. Rosario

Ciparick, J. (dissenting).

Because a plain reading of Social *468Services Law § 143-b (5)—the Spiegel Law—allows a recipient of public assistance, under certain circumstances, to interpose a defense to an action or summary proceeding for the nonpayment of rent, where a “public welfare” agency has not previously withheld its share of the rent, I respectfully dissent.

The statute provides that “[i]t shall be a valid defense in any action or summary proceeding against a welfare recipient for non-payment of rent to show existing violations in the building wherein such welfare recipient resides which…