Case Type
Non-Payment
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT 300809/22-HA
Petitioner
AK Houses TP4 LLC
Respondent
Davena Thurman; Amel Haynes; "John" "Doe"; "Jane" "Doe"
Judge
Ortiz, Frances A.
Decision/Order Date
2023-05-03
Posture
Post-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
This is a decision on respondent's motion to dismiss a nonpay based on an improper rent demand that incorporated a rent ledger which included non-rent fees. "Upon a review of that ledger, there is a reference to non-rent items described as "Agreement #854078060517 Tenant Monthly Repayment" for $50 monthly. There is no proof that those repayment charges are considered as additional rent, entitling Petitioner to seek those charges in the rent demand. Moreover, the Housing Stability and Tenant Protection Act of2019 prohibits the recovery of fees, charges, or penalties. RPAPL { 702. As such, the rent demand is defective as it seeks non-rent items."
Recommended Citation
"AK Houses TP4 LLC v. Thurman" (2023). All Decisions. 832.
https://ir.lawnet.fordham.edu/housing_court_all/832
