Case Type

Nonpayment

Housing Type

Section 8 voucher

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

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

LT-339077-25/BX

Slip Opinion Number

Not Stated

Petitioner

2700 Jerome Avenue LIHTC LLC

Respondent

Cheslaine Jean

Judge

Christel Fleur Garland, JHC

Decision/Order Date

2026-09-14

Posture

Post-Answer Motion by Tenant

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Respondent, a Section 8 voucher holder whose monthly tenant share is covered by HRA shelter checks paid directly to petitioner, moved to dismiss on the ground that the predicate rent demand is defective. Comparison of petitioner's demand against HRA payment records and petitioner's own rent ledger shows the demand failed to credit earmarked HRA payments—inflating the claimed arrears to roughly twice the actual balance due at the time. Court grants dismissal under RPAPL §711(2): a rent demand must set forth a good-faith approximation of rent owed and cannot be amended; ignoring credited agency payments denies respondent a fair opportunity to assess and contest the claimed arrears. Petition dismissed without prejudice; respondent's request to amend her pro se answer denied as moot.

Keywords

Nonpayment; Defective Rent Demand; RPAPL § 711(2); Section 8 Voucher; HRA/DSS Shelter Checks; Earmarked HRA Payments; Rent Demand Failed to Credit HRA Payments; Good-Faith Approximation of Arrears; Dismissed Without Prejudice

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