Winchester Management Corp. v. Staten

The majority contravene both the express language of Super.Ct. L & T R. 5(b) and established case law in this jurisdiction when they state (at p. 191) that:

Our decision today does not repudiate the tenants’ right to seek redress for the landlord’s failure to provide the promised air conditioning service during those periods in which the system was not functioning. We hold merely that such redress may not be sought by means of an equitable defense to an action for possession for nonpayment of rent, for such a grievance is insufficient to justify the withholding of rent and defeat a landlord’s…