Landlord's Nonpayment Case Dismissed Due to Inconsistent Leases and Rent Registration

November 27, 2018

LVT Number: #29765

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that the monthly rent was $1,915 under tenant's lease. But a different lease between landlord, tenant, and another co-tenant expiring on May 30, 2018, showed a monthly rent of $3,000.  Landlord received $800 per month from the City's Human Resources Administration (HRA) Special Exit and Prevention Supplement (SEPS) program for tenant, who believed that SEPS would pay $1,213 per month toward her rent. Landlord also registered tenant's rent with the DHCR at $2,500 per month.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord claimed that the monthly rent was $1,915 under tenant's lease. But a different lease between landlord, tenant, and another co-tenant expiring on May 30, 2018, showed a monthly rent of $3,000.  Landlord received $800 per month from the City's Human Resources Administration (HRA) Special Exit and Prevention Supplement (SEPS) program for tenant, who believed that SEPS would pay $1,213 per month toward her rent. Landlord also registered tenant's rent with the DHCR at $2,500 per month. This amount didn't match either of the leases presented in court. Given landlord's inability to prove a meeting of the minds as to the monthly rent or to prove that the registered rent was the current rent, the case was dismissed.

554-558 W. 181 St. LLC v. Cochrane: Index No. 81956/17, NYLJ 10/1/18, p. 25, col. 3 (Civ. Ct. NY; 9/24/18; Stoller, J)

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