New York Real Property Actions and Proceedings Law §711(2) provides that a special proceeding may be maintained when a tenant defaults on the rent due under a lease agreement and the rent has been demanded from the tenant in person or pursuant to written notice. The service of a “rent demand” is considered a “predicate notice” to the commencement of such a summary “nonpayment” proceeding, and is required to contain a “good faith approximation” of the rent that a tenant would have to pay to avoid litigation. See Dendy v. McAlpine, 27 Misc.3d 138(A) (App. Term 2d Dep’t 2010).

The Question

Needless to say, subsequent to a rent demand being served and the nonpayment petition being filed, unpaid rent may continue to accrue up through the date of trial. The question which then arises is whether a new rent demand must be served in order to amend the petition to obtain judgment for unpaid rent which accrued subsequent to the filing of the petition. This question was addressed just last month by Judge Sabrina Kraus of Civil Court, Bronx County, in 576 E. 187th St. Bronx LLC v. Hizan Deli Grocery Corp., Index No. LT-900546/17 (Civ. Ct. Bronx Co. May 9, 2018) (“Hizan”). In Hizan, the Court held that it is appropriate to amend the petition to include all rents due through the date of trial, without the need for a new rent demand.

‘Hizan’