LLC v. Kyron J. Dehoney, Appellant. (2026)

ORDERED that the order, insofar as appealed from, is reversed, without costs, tenant's motion to vacate the default final judgment entered May 10, 2024 and the resultant warrant of eviction, and for leave to file an answer, is granted and tenant shall serve an answer within 20 days after service upon him of a copy of this decision and order.

In this nonpayment proceeding, the petition stated that the apartment sought to be recovered was "contained in a multi-family housing project which receives assistance from the Department of Housing and Urban Development (HUD) under the Section 8 Program" and that tenant agreed to pay $1,218 in rent per month. The rent demand annexed to the petition contained a breakdown of the rent sought to be recovered spanning years of payments, with almost all of the months containing a billing correction or credit, and many months where tenant was charged $0 after the credits and billing corrections until the most recent three months on the ledger, in which, taking into consideration the corrections, tenant was charged $1,218 per month. After a final judgment was entered on May 10, 2024 awarding landlord possession upon tenant's failure to appear or answer the petition, and a warrant of eviction was issued, tenant moved, using a court form, to vacate the default final judgment and the warrant of eviction, and for leave to file an answer. Tenant alleged, among other things, a defective rent demand. In an order dated July 22, 2024, the Civil Court (Juliet P. Howard, J.) denied tenant's motion but stayed execution of the warrant through August 31, 2024 for tenant to pay the balance of $15,886 plus August 2024 rent.

"A default final judgment may not be entered upon facially insufficient papers" (Martine Assoc. LLC v Minck, 5 Misc 3d 61, 62 [App Term, 2d Dept, 9th & 10th Jud Dists 2004]). A proper rent demand is a statutory prerequisite to a nonpayment proceeding (see RPAPL 711 [2]) and an element of a landlord's prima facie case (see Moniaci v Kelly, 73 Misc 3d 127[A], 2021 NY Slip Op 50884[U], *1-2 [App Term, 2d Dept, 9th & 10th Jud Dists 2021]; EOM 106-15 217th Corp. v Severine, 62 Misc 3d 141[A], 2019 NY Slip Op 50068[U], *1 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2019]; 125 Ct. St., LLC v Sher, 58 Misc 3d 150[A], 2018 NY Slip Op 50092[U], *2 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]; Community Hous. Innovations, Inc. v Franklin, 14 Misc 3d 141[A], 2007 NY Slip Op 50050[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2007]). A rent demand must "set forth the approximate good faith amount of rent owed" (Dendy v McAlpine, 27 Misc 3d 138[A], 2010 NY Slip Op 50890[U], *2 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2010]; see 542 Holding Corp. v Prince Fashions, Inc., 46 AD3d 309, 311 [2007]; EOM 106-15 217th Corp. v Severine, 2019 NY Slip Op 50068[U], *1) and "fairly apprise the tenant of the periods for which rent is allegedly due and in what amounts" (Pantigo Professional Ctr., LLC v Stankevich, 60 Misc 3d 133[A], 2018 NY Slip Op 51039[U], *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; see ShopRite Supermarkets, Inc. v Yonkers Plaza Shopping, LLC, 29 AD3d 564, 565-566 [2006]; EOM 106-15 217th Corp. v Severine, 2019 NY Slip Op 50068[U], *1; 10 Midwood LLC v Hyacinth, 2003 NY Slip Op 50789[U] [App Term, 2d Dept, 2d & 11th Jud Dists 2003]).

As the rent demand here is based upon arrears of $4,832 without further explanation other than to reference the utterly confusing rent ledger described above, and as the relief requested by tenant was to vacate the default final judgment and for leave to file an answer, we exercise our discretion and grant tenant's motion (see Woodson v Mendon Leasing Corp., 100 NY2d 62, 68 [2003]).

Accordingly, the order, insofar as appealed from, is reversed, tenant's motion to vacate the default final judgment entered May 10, 2024 and the resultant warrant of eviction, and for leave to file an answer, is granted and tenant shall serve an answer within 20 days after service upon him of a copy of this decision and order.

TOUSSAINT, P.J., BUGGS and QUIÑONES, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: September 18, 2026