Civil Court of the City of New York
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
EVAGGELOS KIRKOS, XIOMARA SOLEDAD, "JOHN DOE", "JANE DOE"
Nembhard, Clifton A.
Pre-answer Motion by Tenant
Motion Granted for Tenant
Tenant Substantially Won
The landlord commenced a nonpayment proceeding against the tenant. The tenant moved to dismiss the proceeding, arguing that the landlord had accepted Emergency Rental Assistance Program (ERAP) payments that covered the rent arrears. The court granted the tenant's motion and dismissed the proceeding, finding that the rent demand was not a good faith estimate of the rent due because it failed to reflect the ERAP payments. Key Legal Points: A rent demand must be a good faith estimate of the rent due and must reflect any payments made by the tenant, including ERAP payments.
"EIRINIKOSTAS LLC v. KIRKOS" (2023). All Decisions. 1337.