notice via certified mail that rent is past due. Accordingly, this court lacks jurisdiction to
hear Petitioner's claim for unpaid rent and damages.
In addition, even if Petitioner did provide proper RPL 235-e (d) notice, items such as
late fees and repairs are not recoverable in a summary proceeding. See RPAPL
§ 702 ("No fees, charges or penalties other than rent may be sought in a summary
proceeding pursuant to this article, notwithstanding any language to the contrary in any
lease or rental agreement.")
In addition, even if they were properly before the Court, Petitioner failed to prove
that Respondents caused the damages alleged, and even if it did Petitioner failed to prove
that it incurred expenses of $2,200 to make the alleged repairs.
Petitioner's claim for two months' rent, in the total amount of $4,350 is offset by the
amount of the illegal rent overcharges, totaling $2,057.70, resulting in a reduction to
$2,292.30. In addition, Respondents are entitled to a rent credit arising from Petitioner's
breach of the warranty of habitability due to the damage to the bedroom, for the period
August 16, 2023 through October 31, 2023, in the amount of $380 for August 16-31,
2023, $761.25 for September, and $761.25 for October, totaling $1,902.50. When
deducted from $2,292.30, the net due from Respondents amounts to only $389.80.
Finally, Petitioner's failure to adequately [*4]respond to
the squirrel infestation breached the warranty of habitability and entitles Respondents to
a credit of at least $389.80. Accordingly, Petitioner's claim for damages is reduced to
zero.
In any event, because Petitioner failed to comply with RPL 235-e (d), the Petition is
dismissed with prejudice.
Respondents' counterclaim for refund of the security deposit in the amount of $2,175