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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Riverbend Housing Co. v. Stephenson, 172 Misc. 2d 385 (1997)

Citation
Riverbend Housing Co. v. Stephenson, 172 Misc. 2d 385 (1997)
Parent Document
Riverbend Housing Co. v. Stephenson, 172 Misc. 2d 385 (1997)
Jurisdiction
New York (state)
Effective Date
1997-02-27

Full Text

865 chars
The governing occupancy agreement, under the heading "Monthly Rental Charges and Rebates”, requires tenant to pay as annual rent her proportionate share of the "cash requirements” of the company. That term is broadly defined as including "all reasonable and necessary expenses and outlays growing out of or connected with the ownership, maintenance and operation of the building * * * such expenses and outlays may include among other things * * * the cost of improvements, additions, alterations and repairs”. A capital assessment approved by the tenants for the improvement of major building systems is fairly comprehended within the agreement’s definition of "cash requirements”. Tenant’s nonpayment of her portion of these requirements, which constitutes her annual rental obligation, is therefore a proper subject for summary proceedings under RPAPL article 7.