Case Type

Non-payment

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

LT-308104-24/KI

Slip Opinion Number

2025 NY Slip Op 35263(U)

Petitioner

201 LINDEN BLVD PARTNERS, LLC

Respondent

KEISHA SAMUEL

Judge

Ortiz, Javier E.

Decision/Order Date

2025-09-15

Posture

Pre-answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Court dismissed nonpayment petition because the rent demand failed to credit earmarked DSS/HRA shelter payments and sought rent in excess of the collectible legal regulated rent under a DHCR rent reduction order. Court rejected landlord's contention that the variance between actual arrears owed and the allegations in the rent demand was de minimis.

Keywords

Defective Rent Demand; DSS/HRA Shelter Payments Not Credited; Earmarked Payments; Rent Reduction Order; DHCR; Rent Above Legal Regulated Rent; De Minimis Variance Rejected

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