Landlord Can't Evict Tenant for Nonpayment of Air Conditioner Fees

May 31, 2009

LVT Number: #21238

Landlord sued to evict rent-stabilized Section 8 tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Much of the back rent sought by landlord actually was unpaid air conditioner charges. Tenant claimed that landlord improperly sought eviction for nonpayment of these fees. The court ruled for tenant and dismissed the case. Eviction proceedings for nonpayment can only be brought for nonpayment of rent. Landlord also failed to indicate in the certification required by the case of Williams v. NYCHA that most of the back rent sought was for the air conditioner charges.

Landlord sued to evict rent-stabilized Section 8 tenant for nonpayment of rent. Tenant asked the court to dismiss the case. Much of the back rent sought by landlord actually was unpaid air conditioner charges. Tenant claimed that landlord improperly sought eviction for nonpayment of these fees. The court ruled for tenant and dismissed the case. Eviction proceedings for nonpayment can only be brought for nonpayment of rent. Landlord also failed to indicate in the certification required by the case of Williams v. NYCHA that most of the back rent sought was for the air conditioner charges. These defects in landlord's petition can't be amended.

Renaissance Equity Holdings LLC v. O'Neil: NYLJ, 5/13/09, p. 27, col. 3 (Civ. Ct. Kings; Finkelstein, J)

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