Case Type

Non-payment

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-319235-24/KI

Petitioner

Williamsburg Housing Preservation LP

Respondent

Teresa Kennedy et al

Judge

Basu, Shantonu, J.

Decision/Order Date

2026-01-20

Posture

Pre-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

Handwritten Opinion. The tenant moved to dismiss the landlord's non-payment petition. The court granted the tenant's motion, dismissing the petition because the predicate rent demand was defective. The demand specified a lump sum and referred to an annexed rent ledger containing non-rent charges, such as late and legal fees. Citing relevant precedent, the court held that a rent demand must accurately specify the amounts of rent owed and cannot rely on a ledger loaded with non-rent charges, as this fails to comply with RPAPL § 711(2).

Keywords

Defective Rent Demand; RPAPL § 711(2); Lump sum in Rent Ledger/Breakdown Attached to Rent Demand; Attaching Rent Ledger/Breakdown Loaded with Fees/Non-rent Charges is Insufficient; Landlord Must Accurately Specify Amounts Owed in Rent Demand

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