Nonpayment Proceeding Dismissed Due to Defective Rent Demand

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that the predicate rent demand was defective. The court ruled for tenant. The rent demand indicated a lump sum of $3,199 was due without even including a monthly rent breakdown. This type of rent demand fails to apprise tenant of the correct amount due for each month. Tenant was expected to review a rent ledger attached to the rent demand. The rent ledger referred to non-rent items described as amounts due under a repayment agreement. There was no proof that those repayment charges were considered as additional rent or entitling landlord to seek those charges in the rent demand. In addition, since June 14, 2019, the HSTPA has prohibited the recovery of fees, charges, or penalties in a nonpayment eviction proceeding. The rent demand also failed to give tenant notice of the actual claims and didn't afford tenant an opportunity to prepare her defenses to this action by providing a clear calculation of the rent arrears. The rent demand was too indefinite. The case was dismissed.

AK Houses TP4 LLC v. Thurman: Index No. LT-300809-22, 2023 NY Slip Op 31491(U)(Civ. Ct. NY; 5/3/23; Ortiz, J)