Rent Demand Contained Good-Faith Estimate of Amount Owed

September 30, 2010

LVT Number: #22916

Landlord sued to evict tenant for nonpayment of rent. The court dismissed the case, finding that landlord's rent demand didn't contain a good-faith estimate of the amount of back rent owed. Landlord appealed and won. Since tenant didn't ask the court to dismiss the case for this reason, the court shouldn't have done so. In addition, the rent demand adequately informed tenant of the particular periods for which rent payments were claimed due and of the approximate good-faith amount of rent claimed due for each period between November 2006 and April 2008.

Landlord sued to evict tenant for nonpayment of rent. The court dismissed the case, finding that landlord's rent demand didn't contain a good-faith estimate of the amount of back rent owed. Landlord appealed and won. Since tenant didn't ask the court to dismiss the case for this reason, the court shouldn't have done so. In addition, the rent demand adequately informed tenant of the particular periods for which rent payments were claimed due and of the approximate good-faith amount of rent claimed due for each period between November 2006 and April 2008. However, since landlord hadn't filed an annual rent registration statement with the DHCR since 2006, it was barred from collecting more than the rent in effect in 2006. The case was sent back for a trial on the amount due.

100 Audubon Holdings LP v. Hernandez: NYLJ, 9/23/10, p. 28, col. 6 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)

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