Case Type
Non-payment
Housing Type
Other
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-309479-25/NY
Slip Opinion Number
2026 NY Slip Op 31650(U)
Petitioner
WHGA RENAISSANCE APARTMENTS LP
Respondent
JOSEPH FIGUEROA
Judge
Meyers, Adam R.
Decision/Order Date
2026-03-09
Posture
Pre-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
Synopsis
A landlord commenced a nonpayment proceeding against a tenant. The tenant moved to dismiss, arguing the predicate rent demand was fatally defective because it demanded rent for a period already paid through ERAP, representing approximately 13.8% of the total arrears. The court found that a rent demand failing to credit ERAP funds for designated months does not state the approximate good faith rent owed, which is a condition precedent for a non-payment proceeding. Thus, the court granted the tenant's motion, dismissing the proceeding without prejudice, as a defective rent demand cannot be amended.
Keywords
Defective Rent Demand; Failure to Credit/Reflect ERAP Payments to the Months for Which They Were Earmarked
Recommended Citation
"WHGA Renaissance Apts. LP v Figueroa" (2026). All Decisions. 2203.
https://ir.lawnet.fordham.edu/housing_court_all/2203
