Landlord Waited Too Long to Seek Rent Arrears

Landlord sued in March 2015 to evict tenant for nonpayment of rent. Although tenant began receiving Disability Rent Increase Exemption (DRIE) benefits in October 2009, landlord claimed that it discovered in December 2014 that tenant’s DRIE expired in June 2011. Landlord sought current rent, as well as $8,000 in arrears representing the difference between the rent as frozen under DRIE and the amount tenant should have been paying without the exemption. The court ruled for landlord in part but limited the period for which a possessory judgment could issue to recent months, given landlord’s inaction for nearly a four-year period following the lapse of tenant’s DRIE benefits. Landlord appealed and lost. Landlord didn’t dispute that the DRIE owner notification lists the specific exemption benefit period, that it didn’t receive any notice of tenant’s DRIE renewal after June 2011, or that it made no inquiry to tenant or to the NYC Department of Finance after June 2011 to determine whether tenant’s DRIE was renewed.

1266 Olmstead Avenue LLC v. Rosa: 54 Misc.3d 129(A), 2016 NY Slip Op 51816(U) (App. T. 1 Dept.; 12/28/16; Lowe III, PJ, Shulman, Gonzalez, JJ)