Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Queens County (Queens)
L&T / Index / Case / Docket / Clerk's Number
LT-321019-23/QU
Petitioner
Queens Garden Apartments, LLC
Respondent
Stephanie Mann
Judge
Bryan, David
Decision/Order Date
2024-10-09
Posture
Other
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this case, the tenant successfully moved to amend their answer and dismiss the proceeding due to a defective rent demand. The demand included extra charges labeled as "additional rent," such as late fees and AC charges, which misled the tenant regarding the actual rent due. The demand also failed to account for $283 in monthly HRA/DSS shelter payments against the total rent of $1,854.40. The court found that this violation of RPAPL § 711 compromised the tenant's ability to respond effectively. As a result, the court granted the motion, deeming the amended answer filed and dismissing the petition without prejudice.
Recommended Citation
"Queens Garden Apartments, LLC. v. Mann" (2024). All Decisions. 1645.
https://ir.lawnet.fordham.edu/housing_court_all/1645
