Landlord Didn't Add NYCHA as a Party to Nonpayment Case

Landlord sued to evict rent-stabilized tenant with a Section 8 Housing Choice Voucher for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn’t comply with the “Williams Consent Decree” and because there were inaccuracies in the rent demand. The court ruled for tenant. Landlord was required by the Williams Consent Decree to prepare and send tenant and NYCHA a certificate before starting the eviction proceeding. Landlord did so, but NYCHA objected due to errors it found in the rent demand. Landlord was therefore required under the terms of the Williams Consent Decree to name and serve NYCHA as a necessary party to the nonpayment proceeding, which it didn’t do. And even if landlord’s noncompliance was found to be de minimis, there were numerous errors in the rent demand that required dismissal of the case. Among other things, the listed monthly rent sums didn’t add up to the total claimed due, and while the rent demand sought “all rent due for the period of July 1, 2012 to March 31, 2016,” the demand listed only two to three months’ rents due for each of those years.

ELG 1275 LLC v. Reyes: 53 Misc.3d 1209(A), 2016 NY Slip Op 51489(U) (Civ. Ct. Bronx; 10/20/16; Lutwak, J)