Co-op Didn't Prove Tenant's Share of Maintenance Claimed Due

Landlord sued to evict cooperative shareholder-tenant for nonpayment of rent or maintenance charges. Tenant claimed landlord's rent demand was improper and asked the court to dismiss the case. He argued that landlord was suing for non-rent charges because landlord sought payment of electric bills. Tenant's proprietary lease called for tenant to pay the cost of all utilities used in connection with the apartment. But the lease was unclear as to whether electricity charges were "additional rent" if the apartment wasn't submetered. In any event, landlord presented insufficient proof at trial of nonpayment of rent. Landlord produced its rent ledger, which showed that tenant's monthly maintenance was increased in 2014 and that landlord claimed arrears for over a year. But the only other proof presented was board minutes approving a 0.84 percent maintenance increase for 2014 and a letter notifying tenant of the increase. Landlord didn't produce any proof of the aggregate case requirements of the co-op or how tenant's balance was calculated, tenant's proportionate share of the co-op, or proof of the per-share basis of the maintenance either before or after the increase.

300 East 85th Housing Corp. v. Dropkin: Index No. 84231/2013, NYLJ No. 1202668443535 (Civ. Ct. NY; 7/24/14; Stoller, J)