Housing Court Can't Rule on Landlord's Claim for Additional Rent

January 28, 2019

LVT Number: #29882

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, and also sought $10,000 as "additional rent" for damage tenant caused to the apartment. Tenant claimed that landlord couldn't seek the additional rent in an eviction proceeding. Landlord argued that it should be allowed to seek a nonpossessory judgment in the eviction case for that portion of money owed by tenant. The court ruled that the additional rent claim must be severed from the eviction case as it was based on property damage resulting from a fire caused by tenant.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, and also sought $10,000 as "additional rent" for damage tenant caused to the apartment. Tenant claimed that landlord couldn't seek the additional rent in an eviction proceeding. Landlord argued that it should be allowed to seek a nonpossessory judgment in the eviction case for that portion of money owed by tenant. The court ruled that the additional rent claim must be severed from the eviction case as it was based on property damage resulting from a fire caused by tenant. This type of claim was beyond the scope of Housing Court's authority to consider.

Vale Partners LLC v. Partlow: Index No. 58966/18, NYLJ No. 1545463076 (Civ. Ct. Bronx; 12/2/18; Baum, J)

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