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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 2525

Citation
Section 2525
Parent Document
London Terrace Gardens v. Stevens, 159 Misc. 2d 542 (1993)
Jurisdiction
New York (state)
Effective Date
1993-09-15

Full Text

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Two intertwined concepts formed the basis for the decision in Silber v Schwartzman (supra) and the related cases cited. The first, that only amounts "comprising 'legal regulated rent’ ” can be identified as the "gravamen of a summary nonpayment proceeding involving rent-stabilized premises.” (Silber v Schwartzman, supra, at 2.) The second, that in a proceeding involving rent-regulated premises, the landlord is able to obtain a possessory judgment only for amounts constituting the legal regulated rent. (Supra, at 3.) The first concept follows the mandate of the rent laws to enforce payment only of amounts constituting legal regulated rent. The second concept, central to the nature of the summary nonpayment proceeding, is that only obligations legally recognized as rent can support the grant of a possessory judgment through eviction.