Landlord Showed No Proof of Amount of Rent Claimed Due

Landlord sued to evict tenant for nonpayment of rent, claiming that tenant owed $700 for July 2010 and $800 for August 2010. Landlord claimed that tenant was rent stabilized. Tenant asked the court to dismiss the case, claiming that he was rent controlled, not rent stabilized. Tenant said that he had lived in the apartment since 1965. He also claimed that landlord demanded rent in excess of the legal rent. The court ruled for tenant. Landlord appealed and lost. Tenant showed that for four years before landlord started the proceeding, he had been billed and paid rent to prior landlord in the amount of $100 per month. Landlord submitted no executed lease or DHCR registration rent roll reports indicating that the current rent was $800 per month. Since there was no proof that tenant owed $800 per month, the case was properly dismissed. The appeals court didn't address the question of whether tenant was rent controlled or rent stabilized.

239 Troy Ave., LLC v. Langdon: 38 Misc.3d 141(A), 2013 NY Slip Op 50221(U) (App. T. 2 Dept.; 2/8/13; Pesce, PJ, Rios, Solomon, JJ)