Nonpayment Case Dismissed for Defective Rent Demand

July 31, 2011

LVT Number: #23540

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand was defective. Landlord demanded back rent that was uncollectible because it filed late for reregistration with the DHCR. The court ruled for tenant and dismissed the case. Failure to properly file timely annual rent registrations barred landlord from collecting an increase in excess of the base date rent. Landlord had reregistered the apartment in 2009 after failing to do so since 1991.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Tenant claimed that landlord's three-day rent demand was defective. Landlord demanded back rent that was uncollectible because it filed late for reregistration with the DHCR. The court ruled for tenant and dismissed the case. Failure to properly file timely annual rent registrations barred landlord from collecting an increase in excess of the base date rent. Landlord had reregistered the apartment in 2009 after failing to do so since 1991. The last rent collected before reregistration was $400 per month, not $700 as requested.

Passarelli Family Partnership LP v. Davis: Index No. 50377/11, NYLJ No. 12024999188601 (Civ. Ct. Richmond; 6/15/11; Mundy, J)

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