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
LT-334547-23/BX
Petitioner
BOSTON ROAD HDFC, INC.
Respondent
MARIA SANTIAGO
Judge
Gurung, Rina
Decision/Order Date
2025-12-31
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding concerning a Project Based Section 8 apartment, the tenant moved to dismiss the petition, arguing the predicate rent demand was defective for failing to provide a good faith approximation of rent due. The landlord's rent demand included a significant lump-sum charge without detailing the specific months, amounts, or breakdown of purported arrears. The court found that the rent demand was indeed defective as it did not sufficiently identify when the arrears accrued, the specific monthly charges, or confirm if non-rent charges were included. Consequently, the court granted the tenant's motion, dismissing the proceeding under CPLR 3211(a)(7) for lack of a proper cause of action.
Keywords
Defective Rent Demand; RPAPL § 711(2); Lump-sum in Rent Ledger/Breakdown Attached to Rent Demand; HUD Project-based Section 8
Recommended Citation
"BOSTON ROAD HDFC, INC. v. Santiago" (2025). All Decisions. 2042.
https://ir.lawnet.fordham.edu/housing_court_all/2042
