A landlord commenced a summary proceeding against a tenant, seeking a money judgment and possession of an apartment based on nonpayment of rent. The tenant asserted a defense of laches. The court held a trial on the matter.
The landlord proved that the parties had a landlord-tenant relationship; the apartment was subject to the Rent Stabilization Law (RSL), the landlord complied with the registration requirements of 9 N.Y.C.R.R. and MDL §325; the tenant owed rent arrears before commencement of the proceeding and the landlord had made a proper and timely demand for payment of rent pursuant to RPAPL §711(2) in April 2016. The landlord’s ledger showed that the tenant was entitled to a credit of $90 as of December 2013.
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