Case: Clinton Association for a Renewed Environment, Inc. v. Maria Baines
Citation: Civil Court, New York County, Index L&T 99230/07
Where a tenant asserts an affirmative defense that brings her mental or medical condition into issue, the landlord is entitled to uncover that information. If the tenant wishes to claim her disability as an affirmative defense, then the landlord is entitled to information about the disability. The tenant cannot claim a privilege as to medical information, but nevertheless base a defense on the same information.