Rent Demand Defective

July 18, 2014

LVT Number: #25650

Landlord sued to evict Section 8 tenant for nonpayment. Tenant claimed that landlord's predicate rent demand was defective and asked the court to dismiss the case. The court ruled for tenant. Landlord claimed that tenant owed $1,600 through January 2014. But NYCHA records indicated that tenant owed only $706. Since the rent demand and petition sought more than double the amount of back rent tenant may actually have owed, landlord's demand wasn't a good faith estimate of rent due and didn't give tenant actual notice of the amount due in order to properly prepare a defense.

Landlord sued to evict Section 8 tenant for nonpayment. Tenant claimed that landlord's predicate rent demand was defective and asked the court to dismiss the case. The court ruled for tenant. Landlord claimed that tenant owed $1,600 through January 2014. But NYCHA records indicated that tenant owed only $706. Since the rent demand and petition sought more than double the amount of back rent tenant may actually have owed, landlord's demand wasn't a good faith estimate of rent due and didn't give tenant actual notice of the amount due in order to properly prepare a defense. Landlord couldn't cure the defective rent demand, and the case was dismissed.

Bushwick Properties v. Prescott: Index No. 55958/2014, NYLJ No. 1202660379432 (Civ. Ct. Kings; 6/6/14; Lai, J)

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