Case Type
Non-payment
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
303648-23/BX
Petitioner
BSP Gigi LLC
Respondent
Michael Moulton; NYCHA
Judge
Baum, Howard
Decision/Order Date
2025-04-09
Posture
Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
Tenant moved for summary judgment arguing the rent demand was defective under RPAPL § 711(2) due to improper lump-sum formatting and inclusion of Section 8 subsidy amounts in tenant’s share of rent. The tenant highlighted confusion in the landlord’s rent ledger, which listed ambiguous credits and charges and failed to distinguish between tenant’s portion and subsidy amounts. Landlord failed to oppose the motion despite multiple opportunities. The court found the rent demand facially deficient for not providing a clear breakdown of tenant's actual liability, thereby invalidating the predicate notice. Since a proper rent demand is a condition precedent, the petition was dismissed without prejudice. Practice Note: Landlords must clearly itemize rent owed by subsidized tenants and exclude amounts paid by third-party subsidies to sustain non-payment actions.
Recommended Citation
"BSP Gigi LLC v. Moulton" (2025). All Decisions. 1778.
https://ir.lawnet.fordham.edu/housing_court_all/1778
