Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-323785-24/BX
Petitioner
1064 Cauldwell LLC
Respondent
Angela Ramirez Montero; John Doe; Jane Doe
Judge
Miller, Kisha L.
Decision/Order Date
2025-09-23
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the tenant moved to dismiss the petition, arguing the landlord's predicate rent demand was defective for failing to credit earmarked Human Resources Administration (HRA) payments. The Civil Court, Bronx County, granted the tenant's motion, finding the rent demand did not provide an "approximate good faith sum" of rent due. The court held that the 17% overstatement of arrears was not a de minimis error. Consequently, the rent demand, a condition precedent to a nonpayment action, was deemed defective and non-amendable, leading to the dismissal of the proceeding without prejudice. The landlord's cross-motion to amend the petition was denied.
Keywords
Defective Rent Demand for Failure to Credit/Reflect Earmarked HRA/DSS Rent Payments
Recommended Citation
"1064 Cauldwell LLC v. Montero" (2025). All Decisions. 1973.
https://ir.lawnet.fordham.edu/housing_court_all/1973
