Rent Demand Defective

April 30, 1996

LVT Number: 10559

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day notice demanding rent was defective. Landlord sought back rent at a monthly rate of $680. Tenant argued that under a DHCR rent reduction order, the legal monthly rent was $640. Landlord claimed that it had acted in good faith by relying on prior landlord's interpretation of the DHCR order and agreed that the collectible rent was $640. The court ruled against landlord. The rent demand was defective and warranted dismissal of the case.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that landlord's three-day notice demanding rent was defective. Landlord sought back rent at a monthly rate of $680. Tenant argued that under a DHCR rent reduction order, the legal monthly rent was $640. Landlord claimed that it had acted in good faith by relying on prior landlord's interpretation of the DHCR order and agreed that the collectible rent was $640. The court ruled against landlord. The rent demand was defective and warranted dismissal of the case.

Jones Street Apts., Inc. v. Overture: NYLJ, p. 28, col. 1 (4/24/96) (Civ. Ct. NY; Hahn, J)

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