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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

London Terrace Gardens v. Stevens, 159 Misc. 2d 542 (1993)

Citation
London Terrace Gardens v. Stevens, 159 Misc. 2d 542 (1993)
Parent Document
London Terrace Gardens v. Stevens, 159 Misc. 2d 542 (1993)
Jurisdiction
New York (state)
Effective Date
1993-09-15

Full Text

633 chars
Louise Gruner Gans, J.
Although thousands of summary nonpayment proceedings involving rent-stabilized or rent-controlled premises are initiated in the Civil Court, the question whether a written three-day notice under RPAPL 711 (2) involving such premises may include a demand for payment of legal fees, collection costs and late charges, in addition to rent, has never been squarely addressed. This court holds that a demand for payment of charges other than the legal regulated rent in a written three-day notice involving rent-stabilized or rent-controlled premises is prohibited and requires dismissal of the nonpayment petition.