concluding that, in absence of claim asserted by subsidizing entity, subsidized tenant was entitled to full abatement of rent on counterclaim alleging breaches of implied warranty of habitability
How later courts described this case
- concluding that, in absence of claim asserted by subsidizing entity, subsidized tenant was entitled to full abatement of rent on counterclaim alleging breaches of implied warranty of habitability
- Superior Court is court of general jurisdiction
- separate opinion of Farrell, J.
Written by the judges who cited it.
The opinion
Judgment Per Curiam.
Opinion concurring in part and dissenting in part by Associate Judge FERREN at p. 1211.
Separate opinion by Associate Judge STEADMAN at p. 1224.
Separate opinion by Associate Judge FARRELL at p. 1225.
PER CURIAM:
Pursuant to Parts I., II., and III.B. of the opinion of Judge FERREN, joined in this regard by Judge STEADMAN, the order appealed from is reversed insofar as it orders payment by plaintiff to the Department of Housing and Urban Development. Pursuant to the opinion of Judge STEADMAN, joined in this regard by Judge FARRELL, the case is remanded for further proceedings consistent therewith.