Nonpayment Proceeding Dismissed Where No Proof of Rental Agreement Between Parties

Landlord sued to evict tenant of an unregulated apartment for nonpayment of rent. Tenant asked the court to dismiss the case because he never entered into an agreement with landlord to pay $2,140 per month for rent. Tenant had applied for ERAP benefits and although landlord received rent in the amount of $2,140 as a result, OTDA records showed that tenant never applied for this amount and never agreed that his monthly rent was anything above $1,000. Since at no point did the parties agree on what exactly was being rented or the amount that it was being rented for, there was no basis for the court to find that a lease between the parties existed. Therefore, the case had to be dismissed.

Tyler 679 Property LLC v. Eng: Index No. LT-312242-23, 2024 NY Slip 33401, NYLJ No. 1727915074 (Civ. Ct. Kings; 9/30/24; Vendzules, J)