Posnanski v. Hood

The defendant occupied the premises of the plaintiff on a month-to-month oral lease and vacated them after becoming arrear in several months’ rent payments. When the plaintiff commenced action to collect the arrearage, the defendant pled the following affirmative defense in his answer:

“5. That the lease sued upon by the plaintiff is illegal and contrary to public policy and is therefore void and unenforceable.”

This affirmative defense is predicated upon the defendant’s assertion that there were certain defective con ditions in the housing accommodations which violated the Milwaukee Housing…