Bill > H1664

This bill proposes to amend existing law regarding eviction complaints by requiring tenants who claim that the condition of their rental property justifies not paying rent or not being evicted to file a "verified answer or counterclaim" with the court. This means the tenant must formally state their defense under oath. Crucially, at the time of filing this defense, the tenant must either deposit the full amount of rent claimed by the landlord with the court, or provide proof that the rent money has been placed in a separate bank account held jointly in the names of both the tenant and landlord, or file a bond for the rent amount. However, this deposit requirement can be waived if the tenant submits an affidavit detailing their efforts to notify the landlord about the property's conditions and any complaints made to the local health department, along with copies of relevant correspondence. If this affidavit lacks sufficient detail, the court clerk will reject it, and the tenant will then be required to make the rent deposit. Failure to provide either the affidavit or the rent deposit when filing their defense will result in the dismissal of any part of their claim related to the property's conditions.