Rent Demand Didn't Reflect DHCR Rent Reduction Order
LVT Number: #32757
Landlord sued to evict rent-stabilized tenant for nonpayment of rent, seeking $4,883 for the months of May-July 2022. The proceeding was delayed extensively following tenant's filing of a COVID Hardship Declaration and ERAP application. All stays were lifted in May 2023. Tenant then asked the court to dismiss the case, claiming that landlord's rent demand was defective. Tenant claimed that there was an outstanding DHCR rent reduction order issued in January 2020 that landlord didn't account for in its rent demand. The rent reduction order made the monthly collectible rent $55 lower than what was demanded. And the DHCR had denied landlord's rent restoration application on July 25, 2023, because landlord hadn't fully restored the service in question.
The court ruled for tenant and dismissed the case. Landlord's rent demand didn't present a good faith approximation of the rent owed at that time and was therefore defective. The rent demand neglected to account for an open DHCR rent reduction order.
57 Elmhurst, LLC v. Castillo: Index No. L&T55521/20, 2023 NY Slip Op 50920(U)(Civ. Ct. Queens; 8/30/23; Schiff, J)