Landlord Didn't Prove Service of Rent Demand

March 1, 1994

LVT Number: 8611

Facts: Landlord sued to evict hotel-stabilized tenant for nonpayment of rent. Tenant claimed landlord's petition was defective because (1) landlord didn't refer to the hotel stabilization provisions of the rent stabilization law and (2) landlord didn't serve a written rent demand notice, even though its petition stated that it did. Court: Tenant wins. Landlord could probably have amended its petition to include hotel stabilization code references.

Facts: Landlord sued to evict hotel-stabilized tenant for nonpayment of rent. Tenant claimed landlord's petition was defective because (1) landlord didn't refer to the hotel stabilization provisions of the rent stabilization law and (2) landlord didn't serve a written rent demand notice, even though its petition stated that it did. Court: Tenant wins. Landlord could probably have amended its petition to include hotel stabilization code references. But the court didn't even rule on that issue because landlord's not providing proof of service of the rent demand notice required dismissal of its case.

St. George Hotel Associates v. Shelton: NYLJ, p. 24, col. 6 (2/23/94) (Civ. Ct. Kings; Baynes, J)

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