Eviction Proceeding for Nonpayment Dismissed for Including Non-Rent Fees

December 20, 2023

LVT Number: #33007

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent, claiming that tenant owed $6,863. Tenant asked the court to dismiss the case, pointing out that $546 of claimed arrears were air conditioning and dishwasher fees. Tenant argued that these were uncollectible in a summary eviction proceeding. The court agreed. RPAPL Section 702 prohibits the collection of non-rent fees in summary eviction proceedings. So landlord's rent demand was defective and the case must be dismissed.

Landlord sued to evict Mitchell-Lama tenant for nonpayment of rent, claiming that tenant owed $6,863. Tenant asked the court to dismiss the case, pointing out that $546 of claimed arrears were air conditioning and dishwasher fees. Tenant argued that these were uncollectible in a summary eviction proceeding. The court agreed. RPAPL Section 702 prohibits the collection of non-rent fees in summary eviction proceedings. So landlord's rent demand was defective and the case must be dismissed.

Bayridge Air Rights, Inc. v. Krivorot, Index No. 322258/2022, NYLJ No. 1701137285 (Civ. Ct. Kings; 11/27/23; Basu, J)

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