Nonmilitary Service Affidavit Required

May 31, 2000

LVT Number: 14151

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and landlord asked the court to find tenant in default. Landlord said that it couldn't determine whether tenant was in the military and asked the court to waive the requirement that landlord submit an affidavit that tenant wasn't. Landlord claimed also that tenant couldn't be in the military because he wasn't a U.S. citizen. The court ruled against landlord. Landlord could have investigated tenant's military status. And landlord's IRS Certificate of Foreign Status regarding tenant wasn't certified.

Landlord sued to evict tenant for nonpayment of rent. Tenant didn't appear in court, and landlord asked the court to find tenant in default. Landlord said that it couldn't determine whether tenant was in the military and asked the court to waive the requirement that landlord submit an affidavit that tenant wasn't. Landlord claimed also that tenant couldn't be in the military because he wasn't a U.S. citizen. The court ruled against landlord. Landlord could have investigated tenant's military status. And landlord's IRS Certificate of Foreign Status regarding tenant wasn't certified.

Rivergate L.P. v. Nonaka: NYLJ, 5/31/00, p. 27, col. 3 (Civ. Ct. NY; Malatzky, J)

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