Robinson (D) and her four children moved into a row house owned by Diamond (P). P failed to keep a promise to repair the deteriorating conditions of the premises. D began withholding rent on the grounds of substantial housing violations. P sued for possession, and the court ruled that the lease was unenforceable under the terms of Brown v. Southall Realty Co. P then instituted a second suit as since the lease was void, D was a trespasser and no longer entitled to possession. The motion to dismiss by D was granted. P appealed; that court affirmed in that D was a tenant at sufferance and not a trespasser and that her status could only be terminated with 30 days’ notice to quit. P then instituted a third action based on a 30-day notice to quit. D asserted that this was a retaliatory eviction and illegal under Habib. P moved for summary judgment. The trial court granted P's motion. D appealed.

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