Court Can't Award Landlord More than Asked for in Court Papers

January 1, 2002

LVT Number: 15559

Landlord sued to evict federal public housing tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the judgment. The court ruled against tenant. Tenant appealed and won. The lower court erred by awarding landlord more than asked for in its court papers. And it was an error, under the federal public housing program involved, to include in the final judgment nonrent items, even though they were called ''additional rent'' in tenant's lease.

Landlord sued to evict federal public housing tenant for nonpayment of rent. The court ruled for landlord based on tenant's default. Tenant later asked the court to vacate the judgment. The court ruled against tenant. Tenant appealed and won. The lower court erred by awarding landlord more than asked for in its court papers. And it was an error, under the federal public housing program involved, to include in the final judgment nonrent items, even though they were called ''additional rent'' in tenant's lease.

Port Chester Hous. Auth. v. Turner: NYLJ, 12/18/01, p. 26, col. 6 (App. T.2 Dept.; Floyd, PJ, Colabella, Coppola, JJ)

Topics

More like this