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
L&T 318552/23
Petitioner
Seeraj Latchman
Respondent
Mary Hardnett, et al
Judge
Schiff, Logan J.
Decision/Order Date
2024-10-23
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved to dismiss due to lack of an active lease. The court dismissed the case, agreeing that under Second Department precedent, a nonpayment proceeding requires a valid rental agreement at the commencement of the action. Since the rent-stabilized lease last renewed in 2015, no active agreement existed at filing, and the landlord’s claim of an implied agreement based on subsidy recertifications was insufficient. Other issues raised by the tenant were dismissed as moot.
Recommended Citation
"Latchman v. Hardnett" (2024). All Decisions. 1661.
https://ir.lawnet.fordham.edu/housing_court_all/1661
