Description of Apartment in Rent Demand Fatally Defective

June 30, 2011

LVT Number: #23446

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord asked permission to amend the petition to describe the premises as Apartment 911 instead of Apartment 9. Landlord said that Apartments 9 and 11 had been combined in 1987. The apartment was registered as Apartment 911 but was commonly known as Apartment 9. Tenant asked the court to dismiss the case because the rent demand described the premises only as Apartment 9. The court ruled for tenant. Even if the petition was amended, it would describe the apartment differently than it was described in the rent demand.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord asked permission to amend the petition to describe the premises as Apartment 911 instead of Apartment 9. Landlord said that Apartments 9 and 11 had been combined in 1987. The apartment was registered as Apartment 911 but was commonly known as Apartment 9. Tenant asked the court to dismiss the case because the rent demand described the premises only as Apartment 9. The court ruled for tenant. Even if the petition was amended, it would describe the apartment differently than it was described in the rent demand. So landlord's description of the apartment was legally insufficient, and the case must be dismissed.

180 Prospect Park West LLC v. Quilles: Index No. 80245/10, NYLJ No. 1202496245843 (Civ. Ct. Kings; 5/25/11; Marton, J)

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