Nonpayment Petition Misstated Rent Due

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Before landlord started the case, the DHCR had issued a rent reduction order that included tenant in the list of affected tenants. Tenant asked the court to dismiss the case, claiming that the rent demand was defective for seeking rent amounts that didn't reflect the rent reduction. She also said that the petition was defective for failing to mention the rent reduction order. Landlord argued that the DHCR order didn't reduce tenant's rent because she paid a preferential rent instead of the higher legal regulated rent. But the court noted and applied the DHCR's interpretation of the RSL that rent reduction orders also applied to preferential rents. The court dismissed the case because the petition stated that current monthly outstanding rent was $1,735 per month when the reduced rent under the DHCR's order was only $1,650 per month.

Ash Ave LLC v. Allison: Index No. L&T 315682/24,2025 NY Slip 25059, NYLJ No. 174815106 (Civ. Ct. Queens; 3/10/25; Guthrie, J)