Williams v. Paul

SCHWELB, Senior Judge:

In this action by Nicole Paul (the landlord) for possession and other relief, Uhu-ra Williams (the tenant) appeals from an order of the trial judge (Weisberg, J.) dismissing without prejudice her counterclaim for recoupment of rent paid. In her counterclaim, the tenant alleged substantial housing code violations. Concluding that the landlord’s action was not based on the non-payment of rent, the trial judge ruled that the tenant’s counterclaim was not authorized by Super. Ct. L & T R. 5(b). The trial judge’s ruling was contrary to an earlier decision by the motions judge…