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Michetti v. Potts

Air-conditioner fee, exempt from ?legal-regulated rent,' cannot be in possessory judgment claim.

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Judge Silkowitz

MICHETTI v. POTTS — Before the court are two nonpayment proceedings, L&T 088625/02 and L&T 077809/02 respectively, commenced by Michetti, as receiver against Freeda Potts at 1411 New York Avenue in apartment 5D, and Anna Mendez and Luis Vega at 1419 New York Avenue in apartment 6G. The subject two apartments are located in Brooklyn, NY and are rent stabilized. In addition to sharing a common landlord, both respondents were served with rent demands and nonpayment petitions seeking air conditioning (hereinafter “AC”) charges as additional rent to be included in the possessory judgment sought by petitioner. The parties in both proceedings are represented by counsel, and the respective respondents have motions pending before the court. In L&T 088625/02 (“Potts”) respondent seeks an order: consolidating the “Potts” nonpayment proceeding with L&T 077809/02 (“Mendez”) pursuant to section 602 of the CPLR and section 1805 of the NYCCCA; and dismissing petitioner’s possessory claims to any arrears comprised of AC charges. In the “Mendez” proceeding respondent’s motion seeks an order: vacating the parties’ September 19, 2002 and November 4, 2002 stipulations of settlement, allowing respondent to file an amended answer, and dismissing the petition for failure to state a cause of action. Petitioner opposes both motions in all respects.

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