Petition Didn't Contain Breakdown of Rent Owed

May 31, 1994

LVT Number: 8840

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed tenant owed three years' rent. Landlord couldn't sue sooner because the amount of rent due was in dispute. There had been a complicated, long-term DHCR proceeding involving many tenants in the building based on conversion from hotel stabilization to rent stabilization and adjustments to rents by the DHCR. The court ruled against landlord and dismissed the case. Landlord's petition didn't contain a specific enough breakdown of rent owed. Tenant had paid some rent during the period in question.

Landlord sued to evict tenant for nonpayment of rent. Landlord claimed tenant owed three years' rent. Landlord couldn't sue sooner because the amount of rent due was in dispute. There had been a complicated, long-term DHCR proceeding involving many tenants in the building based on conversion from hotel stabilization to rent stabilization and adjustments to rents by the DHCR. The court ruled against landlord and dismissed the case. Landlord's petition didn't contain a specific enough breakdown of rent owed. Tenant had paid some rent during the period in question. But landlord claimed that these amounts were applied to back rent owed. With the proper documentation, landlord could bring a new nonpayment proceeding.

24 Fifth Avenue Owners, Inc. v. Kahan: NYLJ, p. 28, col. 4 (5/25/94) (Civ. Ct. NY; Stallman, J)

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