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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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Service of three-day notices which demand amounts other than the legal regulated rent is likely to result in the payment and collection of prohibited charges. By the terms of the three-day notice, failure to pay the demanded amount or vacate the premises will result in a court proceeding and possibly eviction. It is likely that at least some tenants will pay whatever "additional” amount is demanded without question, in order to avoid the stress and expense of litigation. Thus, the three-day notice itself can become a device for the collection of unlawful charges. Moreover, any overcharge regardless of its size frustrates the purposes of rent stabilization and rent control laws. Here, each rent demand from the rent-stabilized tenants includes charges approximately $430 above *547the legal rent amount. All the rent demands when combined, include a total of over $23,000 in excess of the legal regulated rents.