Judge Krzysztof Lach

In this nonpayment proceeding against rent stabilized tenant of record, Oliver, petitioner sought a money judgment and possession. After a finding in her favor of a rent overcharge complaint before DHCR, Oliver moved for dismissal of this proceeding, arguing the petition was predicated on a defective rent demand. The petition sought over $12,000 in rent arrears for January through April 2014 at a monthly rent of $3,027.33 and Oliver raised four defenses, including rent paid and that the monthly rent requested was not the legal rent. Petitioner argued the rent sought was a good faith approximation of the rent due. The court disagreed that petitioner accurately demanded and sued for rent it believed was due and owing at the time it commenced this nonpayment proceeding. It found the rent demanded herein far exceeded the amount petitioner was entitled to collect, noting petitioner had no right to deem the 2013 renewal lease offer and seek to collect the amount in the unexecuted lease representing a 137 percent increase in the amount Oliver previously paid. Oliver became a month-to-month tenant at the same rent the parties previously agreed to while she remained in possession. Thus, in seeking the higher amount, petitioner rendered its demand defective, warranting dismissal.