Rhames v F Ramos DBA CVR Westchester HCVP LocaL ADM
Annotate this CaseDecided on December 9, 2013
City Court of Mount Vernon
Shaun Rhames, Plaintiff,
against
F Ramos DBA CVR Westchester HCVP LocaL ADM, NICHOLAS CASSARO DBA CVR WESTCHESTER, HCVP LOCAL, ADM, ADRIENNE KENT DBA CVR WESTCHESTER HCVP LOCAL ADMINISTRATOR, Defendants.
1972-13
Shaun Rhames
Plaintiff pro se
600 South 8th Avenue
Mt. Vernon, New York 10550
Stuart L. Kossar, Esq.
Sall & Geist
Attorneys for Defendants
One North Lexington Avenue, 11th Floor
White Plains, NY 10601
Adam Seiden, J.
Plaintiff commenced this small claims action in June 2013 seeking to recover $5,000 for breach of contract.
Defendants now move to dismiss the action. In support of the motion Defendant Felicia Ramos affirms that plaintiff is seeking to recover Housing Assistance Payments on behalf of her tenant, LaShaun Scott, for the period of July 1, 2013 to the present, a period of time after the complaint was filed. Ms. Ramos states that no money was withheld from the plaintiff prior to June 25, 2013, the date the complaint was filed. She further states that defendants withheld payment to plaintiff in July 2013 due to the terms of the housing contract. Ms. Ramos states that the plaintiff's tenant was forced to vacate the property because the apartment no longer had water or electrical power. Defendants argue that plaintiff breached the terms of the contract when the apartment became uninhabitable and that they rightfully suspended payments beginning in July 2013. [*2]
In opposition to the motion, plaintiff affirms that she owns the property located at 252 Franklin Avenue in Mt. Vernon. She states that she is seeking to recover Housing Assistance Payments in the amount of $1,716 on behalf of tenant Lashaun Scott for the period of July 1, 2013 to August 5, 2013, plus moving costs of $500.00. Ms. Scott vacated the apartment on August 5, 2013. Plaintiff denies withholding water and electricity and maintains that defendants have no proof to support the claim Plaintiff states that she was unable to rent the unit until November 15, 2013 due to extensive damage to the apartment by Ms. Scott.
In further support of the motion, defendants argue that the Housings Assistance Payment Contract, attached as Exhibit 1, does not maintain an acceleration clause. Accordingly, defendants argue that the plaintiff cannot commence an action for future rent. Defendants maintain that at the time of the filing of the complaint, no money was due to the plaintiff. Finally, defendants argue that under the contract, they are only responsible for making housing assistance payments, and are not liable or responsible for any damage to the apartment caused by the tenant.
Pursuant to the lease attached to the motion papers, the initial lease commenced on July 1, 2012 and ended on June 30, 2013 (the lease states an end date of "6/30/2012", which can only be a typographical error for the date). Based upon the plaintiff's claim in her opposition papers that she is seeking to collect payments for a period of July 2013 through August 2013, the Court finds that the action must be dismissed. Defendants correctly argue that the claim is not ripe for judicial review, since plaintiff may not collect for future payments without an acceleration clause in the lease. Here plaintiff commenced the action on June 25, 2013. She does not claim in her papers that anything was due from the defendants at the time prior to June 25, 2013. There is no acceleration clause in the lease agreement provided by the defendants. Accordingly, the case is dismissed (Runfola v Cavagnaro, 78 AD3d 1035 (2d Dept 2010)).
This constitutes the Decision and Order of this Court.
Dated:December 9, 2013
Mount Vernon, New York
____________________________
HON. ADAM SEIDEN
Associate City Judge of Mount Vernon
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