Court Can Consider Tenant's Status in Nonpayment Case

January 11, 2012

LVT Number: #23861

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. She claimed that she was a co-op shareholder in the building and that the housing court had no authority to decide that issue. The court ruled for tenant. Landlord appealed and won. Housing court had the authority to determine rent or maintenance due in a nonpayment proceeding. Even though a ruling on that issue could require an inquiry as to tenant's claimed status as a co-op shareholder, this didn't require the court to give unauthorized declaratory relief.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case. She claimed that she was a co-op shareholder in the building and that the housing court had no authority to decide that issue. The court ruled for tenant. Landlord appealed and won. Housing court had the authority to determine rent or maintenance due in a nonpayment proceeding. Even though a ruling on that issue could require an inquiry as to tenant's claimed status as a co-op shareholder, this didn't require the court to give unauthorized declaratory relief. The case was sent back to housing court for further consideration.

530 Manhattan Avenue HDFC v. Chiu: NYLJ, 12/5/11, p. 20, col. 5 (App. T. 1 Dept.; Shulman, JP, Hunter Jr., Torres, JJ)

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