Case Type
Non-payment
Housing Type
Rent Controlled
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
71131/18
Petitioner
817 W. End Co. LLC
Respondent
FRANCES DELONG
Judge
Nembhard, Clifton A.
Decision/Order Date
2021-04-23
Posture
Post-judgment Motion by Tenant
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
In this non-payment proceeding involving a rent controlled apartment, respondent tenant seeks dismissal on the grounds that the rent demand is fatally defective. The court finds respondent's SCRIE subsidy argument unavailing, but that petitioner's failure to credit respondent's payments does render the rent demand defective. Further, court finds petitioner is seeking stale rent and accepts respondent's laches defense. Thus, respondent's motion is granted in its entirety, and the proceeding is dismissed without prejudice for lack of proper rent demand and failure to properly describe the subject apartment. Petitioner is precluded from seeking a possessory judgment for rental arrears accrued prior to May 2018.
Recommended Citation
"817 W. End Co. LLC v. Delong" (2021). All Decisions. 37.
https://ir.lawnet.fordham.edu/housing_court_all/37
