Broja Realty, LLC v. Amparo

• Decision Date: 16 May 2011
• Docket Number: S.C. B 65049/10
• Parties: Broja Realty, LLC, Claimant, v. Sujaila Amparo, Defendant.
• Court: New York Civil Court

2011 NY Slip Op 51168

Broja Realty, LLC, Claimant,
v.
Sujaila Amparo, Defendant.

S.C. B 65049/10

Civil Court of the City of New York, Bronx County

Dated: May 16, 2011

Appearing for Plaintiff:

Larry Rukaj

Broja Realty, LLC

Franklin Lakes, N.J.

Appearing for Defendant:

Sujaila Amparo, pro se

Ruben Franco, J.

Upon the foregoing, the Decision/Order after trial is decided as follows:

Landlord brings this action to collect late fees totaling $3750.00 for rental payments that were made beyond the 5-day "grace period" on 73 months, over the last six years.

Defendant testified that during most of those months she was receiving public assistance and she received her allowance after the rent payment was due. Moreover, she stated that the Claimant is now seeking $50.00 per month for late fees, yet she had always been charged $25.00, and that she paid many of those fees. She produced a ledger which the landlord, admittedly, provided to her which shows a late fee charge of $25.00 per month for the months in question. Defendant also testified that in October, 2010, the parties were in Housing Court and that she paid $400.00 in late fees then; and, that she no longer has the records for most of the late payments that Claimant now seeks because they occurred so long ago.

Mr. Larry Rukaj, a principal in the Claimant corporation, and son of the president of the corporation, testified on behalf of Claimant that there was no attempt to collect the late fees previously because, simply, his father, chose not to, so as to maintain good relations with the Defendant tenant, but that he, the son, is attempting to bring the corporation's books up to date; and, that he maintains two sets of accounting books, one set is for Housing Court purposes, and the other set is for situations like the instant one—to present proof in Small Claims Court. Mr. Rukaj stated that since Defendants's apartment is rent stabilized, and is registered with the Department of Housing and Community Renewal, Claimant is not permitted to collect late fees

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in Housing Court, so he presents there the corporate books that reflect a late fee of $25.00 to show that Defendant was billed for late fees, but that there has been no attempt to collect any late fees. Mr. Rukaj also...