Case Type

Non-payment

Housing Type

Co-op

Court

Civil Court of the City of New York

County

Queens County (Queens)

L&T / Index / Case / Docket / Clerk's Number

LT-301912-21/QU

Petitioner

FIRST HOUSING COMPANY INC.

Respondent

MENSA TCHIREMU, et al

Judge

Dressler, Jordan M.

Decision/Order Date

2025-09-28

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

A landlord brought a non-payment proceeding against a tenant in a Mitchell-Lama cooperative. The tenant moved to dismiss the petition, asserting that the predicate rent demand was fatally defective because it included "no affidavit surcharges," which are penalties for non-compliance with income reporting, not rent. The court ruled that such surcharges do not constitute rent and cannot be included in a rent demand for a non-payment eviction. As these improperly included fees represented a significant portion (12.9%) of the total amount demanded, the court found the rent demand defective, failing to fairly apprise the tenant of the rent owed. The petition was dismissed without prejudice.

Keywords

Defective Rent Demand; Mitchell-Lama; Inclusion Of Non-Rent Fees

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