49 Misc. 3d 693
Poughkeepsie City Ct.2015Background
- Tenant Chálese Bartee leased apt 17R at a project-based HUD-subsidized complex beginning December 1, 2014; initial tenant rent was $17/month but increased to $1,406 after she failed to recertify.
- Lease required annual recertification (around Oct. 1) to verify income and household composition; failure to recertify could change tenant rent and HUD assistance.
- Landlord Rip Van Winkle House, LLC filed a nonpayment summary proceeding on June 26, 2015 seeking eviction and $8,089 in arrears plus fair use/occupancy, late fees, attorney’s fees, costs, and disbursements.
- At bench trial, the sole legal issue presented was whether the landlord must plead and prove service of a proper 10-day termination-of-subsidy notice as part of its prima facie case when seeking market-rate rent after subsidy termination.
- Landlord’s assistant property manager, Tammy Angel, testified the tenant was properly served with a 10-day notice terminating subsidy; tenant testified she never received such notice and offered no corroboration.
- Court credited landlord’s witness, held subsidy-termination defects are an affirmative defense for the tenant to raise, denied landlord’s request for late fees and attorney’s fees as rent, entered judgment for landlord for $9,495 plus costs, and issued an eviction warrant; attorney’s and late fee claims dismissed without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether landlord must plead and prove service of a 10-day termination-of-subsidy notice as part of its prima facie case in a nonpayment proceeding seeking market rent | Landlord: need not plead/prove; termination defects are tenant defenses | Tenant: landlord must plead and prove service of the 10-day notice; without proof petition should be dismissed | Court: termination defects are a defense for tenant to raise; landlord need not plead/prove as part of prima facie case; credited landlord’s testimony that notice was served |
| Whether landlord may collect late fees and attorney’s fees as "rent" in this subsidized/rent‑regulated context | Landlord: lease classifies late fees and attorneys’ fees as added rent and seeks them here | Tenant: such charges cannot be imposed as rent under rent regulation/subsidized program limits | Court: denied late fees and attorney’s fees as rent; such claims dismissed without prejudice and may be pursued in a plenary action instead |
Key Cases Cited
(Opinion primarily cites cases reported in Miscellaneous Reports and NYLJ; no authorities with official reporter citations meeting the output requirement were identified.)