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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

490 chars
The conclusion that a written three-day notice or rent demand under RPAPL 711 (2) may not include a demand for payment of charges other than the legal regulated rent is a logical extension of the holding of the Appellate Term in Silber v Schwartzman. (Supra.) It enforces the mandate of the rent stabilization and rent control laws that only legal regulated rent may be "demanded or received,” and the principle that only a demand for legal regulated rent may support a possessory judgment.