Rent Demand Didn't Itemize Amount Owed
LVT Number: 11371
Landlord sued to evict HUD tenant for nonpayment of rent. Tenant claimed that landlord's rent demand didn't itemize the amount owed. The rent demand stated "July 1996, No Certification $4,700.00, HUD Excess $2,330.00.'' Landlord claimed that tenant and her attorney knew that this referred in part to charges for not recertifying and that tenant's attorney had been notified about the amount owed in a prior correspondence. The court ruled against landlord and dismissed the petition. Landlord's rent demand didn't sufficiently notify tenant of the period for which rent was sought. Landlord's prior letter to tenant's attorney stated that the HUD excess was claimed for periods of July 1992 through November 1993, and May and June 1994. The rent demand stated simply "July 1996.''
Heywood Towers v. Valdes: NYLJ, p. 27, col. 1 (3/12/97) (Civ. Ct. NY; Braun, J)