Landlord Didn't Identify Apartment's Rent-Regulatory Status

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that back rent totalled $39,000. Tenant claimed part of the claimed rent had been paid. Tenant also argued that landlord's listing of rent owed wasn't a good faith estimate of her arrears and didn't reflect that tenant received SCRIE benefits. The court found that some of the rent arrears listed predated tenant's SCRIE benefits. But the court dismissed the case. Tenant had earmarked payments she made for certain months, and landlord's failure to credit these payments as such resulted in a rent demand that wasn't a good faith approximation of arrears. So the rent demand was defective. Landlord also failed to identify tenant and the apartment as rent controlled in its nonpayment petition. Failure to state an apartment's regulatory status in an eviction petition rendered the petition defective. The case was dismissed.

817 W. End Co. LLC v. Delong: Index No. 71131/18, NYLJ No. 1620156413 (Civ. Ct. NY; 4/23/21; Nembhard, J)