Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-312349-23/NY
Petitioner
109th Affordable Housing LLC
Respondent
Matthew Beck
Judge
Bacdayan, Karen May
Decision/Order Date
2024-01-31
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In a non-payment proceeding against a month-to-month tenant, the court ruled that RPAPL 711(2) cannot be used for rent not paid after the end of any given month, as each month constitutes a separate term. This decision was based on RPAPL 711(2)'s requirement for a written agreement, RPL § 232-c's definition of month-to-month tenancies, and supporting case law. While the tenant raised other defenses, the court dismissed the case based on this interpretation of RPAPL 711(2).
Recommended Citation
"109th Affordable Housing LLC v. Matthew Beck" (2024). All Decisions. 1371.
https://ir.lawnet.fordham.edu/housing_court_all/1371
