Case Type
Non-payment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
L&T 317784/24
Slip Opinion Number
2025 NY Slip Op 51670(U)
Petitioner
UFH Apartments Inc.
Respondent
Jaroslav Vyskovsky
Judge
Guthrie, Clinton J.
Decision/Order Date
2025-10-14
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding, the court granted the tenant's motion to dismiss due to a defective rent demand. A rent stabilized lease was not in effect for most of the period for which rent was demanded. The court held that rent, per RPAPL § 711(2), must be due under an agreement, and absent a current renewal lease in a rent stabilization scheme, only use and occupancy, not rent, could be claimed. Therefore, the landlord's petition was dismissed without prejudice.
Keywords
Defective Rent Demand; No Lease In Effect For Rent Amount Demanded; RPAPL § 711(2)
Recommended Citation
"UFH Apartments Inc. v. Vyskovsky" (2025). All Decisions. 2026.
https://ir.lawnet.fordham.edu/housing_court_all/2026
