Judge Diane E. Lutwak

Landlord alleged Section 8 tenant Watson violated a substantial obligation of her tenancy by failing to recertify and timely supply information of her 2016 family income—violating her low income lease rider—in this holdover eviction proceeding. It gave Watson a chance to recertify by a 10 day notice to cure. Watson asserted affirmative defenses, including lack of personal jurisdiction, and a breach of warranty of habitability, among other things. Landlord sought to compel compliance with two stipulations of settlement, and Watson alleged she complied with the stipulations' provisions relating to recertification. Watson's attorney argued she lived in the premises nearly 23 years, had a Section 8 voucher before a 2006 regulatory agreement, and her apartment was not a tax credit unit. The court found Watson sufficiently pleaded her lack of personal jurisdiction defense, finding her sworn allegations in the answer contradicted landlord's process server's, raising fact issues for a traverse hearing. Also, it ruled Watson did not waiver her personal jurisdiction defense in the stipulation, and denied striking the breach of warranty of habitability defense as Watson was entitled to raise such defense to landlord's petition seeking use and occupancy. Yet, other defenses were struck.

Judge Diane E. Lutwak