Nonpayment Case Dismissed Due to Defective Rent Demand

September 20, 2024

LVT Number: #33354

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default with a money judgment based on back rent due at $1,559 per month. After later receiving the marshal's eviction notice, tenant asked the court to vacate the default judgment and claimed that the rent sought was in an incorrect monthly amount. The court ruled for tenant, lifted the default judgment and dismissed the case. Tenant's rent was $1,470 per month in September 2021 when landlord received an ERAP payment for tenant based on that amount.

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord based on tenant's default with a money judgment based on back rent due at $1,559 per month. After later receiving the marshal's eviction notice, tenant asked the court to vacate the default judgment and claimed that the rent sought was in an incorrect monthly amount. The court ruled for tenant, lifted the default judgment and dismissed the case. Tenant's rent was $1,470 per month in September 2021 when landlord received an ERAP payment for tenant based on that amount. Landlord raised tenant's rent to $1,559 per month in October 2021 in violation of the ERAP law, which barred landlord from raising tenant's rent during the 12-month period following acceptance of the first rental assistance payment.  Based on the defective rent demand, the case must be dismissed.

River Park Residences, LP v. Boyd: L&T Index No. 319304/22, 2024 NY Slip Op 32680(U), NYLJ No. 17230960930 (Civ. Ct. Bronx; 7/25/24; Lutwak, J)

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