Rent Demand Didn't Provide Good Faith Statement of Rent Due

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord's rent demand was fatally defective. The court ruled for tenant, finding that the rent demand failed to set forth a reliable statement of rents due. The rent demand stated that tenant owed over $22,500 at $1,278 per month. Landlord said that tenant was paying $954 per month because she had a Disability Rent Increase Exemption. But there were discrepancies between the rent demand and landlord's monthly rent statements, and proof presented by tenant showed that tenant made payments for 12 of the 14 months included in the petition, which landlord had accepted, but for which landlord's books failed to reflect any credit. 

Sixth Ave. Terrace Assoc. v. Langley: Index No. LT252042/13, NYLJ No. 1202653274133 (Civ. Ct. NY; 3/25/14; O-Neill-Levy, J)