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
LT-311330-25/NY
Petitioner
52 HENRY STREET REALTY LLC
Respondent
DIAN QIANG JIANG; JOHN DOE; JANE DOE
Judge
Chinea, Daniele
Decision/Order Date
2026-03-26
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this nonpayment proceeding against a rent-stabilized tenant, the court granted the tenant's motion to amend the answer and for summary judgment, dismissing the landlord's petition without prejudice. The landlord's petition was dismissed because the predicate rent demand was fatally defective. The defect stemmed from the rent demand and its attached ledger including late fees alongside rent arrears, which is impermissible in a summary nonpayment proceeding under RPAPL § 702(1). The court held that a predicate notice containing such impermissible charges renders the demand fatally defective and cannot be cured by amendment.
Keywords
Defective Rent Demand; Nonpayment Petition Dismissed Because Rent Demand and Rent Ledger Included Legal Fees for Which Non-Coop Tenants Cannot be Evicted Pursuant to RPAPL § 702
Recommended Citation
"52 Henry Street Realty LLC v. Jiang" (2026). All Decisions. 2162.
https://ir.lawnet.fordham.edu/housing_court_all/2162
