Case Type
Non-payment
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-326469-22/KI
Petitioner
NEWPORT GARDENS APARTMENT, L.P.
Respondent
LINDA SURLES
Judge
Howard, Juliet P.
Decision/Order Date
2024-05-10
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
The landlord commenced a nonpayment proceeding against the tenant, alleging rent arrears. The tenant moved to dismiss the petition, arguing that the predicate rent demand was defective for failing to clearly specify the alleged arrears period and including non-itemized, non-rent charges. The court agreed that the rent demand did not comply with statutory requirements and was too confusing to inform the tenant of the actual amount owed. As a result, the court granted the tenant's motion and dismissed the nonpayment petition without prejudice to the landlord re-filing with a proper rent demand. The court also ordered the landlord to correct certain housing code violations at the premises.
Recommended Citation
"Newport Gardens Apartment, L.P. v. Surles" (2024). All Decisions. 1484.
https://ir.lawnet.fordham.edu/housing_court_all/1484
