Moderator: TenantNet
by July5 » Tue Oct 22, 2019 9:48 pm
by TenantNet » Tue Oct 22, 2019 10:42 pm
by July5 » Wed Oct 23, 2019 9:09 am
by TenantNet » Wed Oct 23, 2019 2:30 pm
Anderson Avenue Assoc., L.P. v. García, L&T 036888/2015, NYLJ 1202746252696, (Civil., BX, Decided December 21, 2015)
It is well-settled that a summary nonpayment proceeding may not be maintained when the tenant offers rent payments to a landlord who repeatedly and unreasonably refuses to accept them (see Haberman v. Singer, 3 AD3d 188, 191 [2004]; Janes v. Paddell, 74 Misc 409, 415-416 [AT 1st 1911] ["In view of the tender and willingness of the tenant (and a third-party) to pay the rent and the repeated refusals to accept it by the landlord, we think that it is evident that she should not be permitted to predicate proceedings to dispossess the tenant upon the fact that the rent has not been paid"]). This rule is in place in order to prevent a landlord from "manipulating the tenant with the tenant's ultimate inability to satisfy a judgment and consequent eviction in mind" (Haberman v. Singer, 3 AD3d at 192). Courts have held this to be the case even when rental payments are offered by a third party, such as relatives or HRA (see 16 Apartment Assoc. Inc. v. Lewis, 24 Misc 3d 127[A], 2009 NY Slip Op 51265[U] [AT 2d 2009]). Relevantly and controlling herein, the Housing Court has recently dismissed a nonpayment proceeding after compelling that landlord to accept shelter payments made by HRA on behalf of the tenant-ofrecord's grandson, who was not a named tenant (see PCMH 2950 Grand Concourse, L.P. v. Jones, NYLJ, September 3, 2014, at 1 [NYC Civ Ct, Stroth, J.]).
by July5 » Wed Oct 23, 2019 3:45 pm
by TenantNet » Wed Oct 23, 2019 4:31 pm
by July5 » Wed Oct 23, 2019 9:07 pm
by TenantNet » Wed Oct 23, 2019 11:44 pm
by July5 » Tue Nov 05, 2019 1:02 am
by TenantNet » Tue Nov 05, 2019 4:48 am
by BubbaJoe123 » Tue Nov 05, 2019 1:36 pm
by TenantNet » Tue Nov 05, 2019 2:48 pm
by July5 » Tue Nov 05, 2019 11:59 pm
by BubbaJoe123 » Wed Nov 06, 2019 8:54 am
TenantNet wrote:Right, in the context of a proceeding or hearing, neither the courts nor DHCR are empowered to look at (much less do anything about) possible tax fraud. While tax filings are important, it's just one ingredient of the overall mix in establishing residency when/if challenged. In the end, one doesn't have to pay taxes or vote in NYC to actually live here.
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