Landlord Didn't Submit Proof Needed for Default Judgment

April 8, 2012

LVT Number: #24011

Landlord sued tenant for rent arrears based on a breach of tenant's lease. Tenant failed to answer the complaint, and landlord asked the court for a default judgment. The court ruled against landlord. Tenant submitted a copy of a DHCR rent overcharge order in tenant's favor, which ordered landlord to credit 20 percent of the overcharge each month until it was paid. Landlord failed to explain the inconsistency between the amount it claimed tenant owed and the amount of the legal rent under the DHCR order. So landlord had insufficient proof to obtain a default judgment against tenant.

Landlord sued tenant for rent arrears based on a breach of tenant's lease. Tenant failed to answer the complaint, and landlord asked the court for a default judgment. The court ruled against landlord. Tenant submitted a copy of a DHCR rent overcharge order in tenant's favor, which ordered landlord to credit 20 percent of the overcharge each month until it was paid. Landlord failed to explain the inconsistency between the amount it claimed tenant owed and the amount of the legal rent under the DHCR order. So landlord had insufficient proof to obtain a default judgment against tenant.

Bronx Park East Housing Co., Inc. v. Scott: Index No. 21223/11, NYLJ No. 1202546739223 (Sup. Ct. Bronx; 3/16/12; Hunter, Jr., J)

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