Holdover Petition Against ETPA Tenant Dismissed for Failure to Serve Proper Notice

September 27, 2021

LVT Number: #31608

Landlord sued to evict tenant, claiming that the tenancy had expired. Tenant asked the court to dismiss the case, claiming that the petition was defective for not properly pleading a cause of action. Tenant claimed that he was rent stabilized and that landlord's court papers stated no permissible grounds to terminate a rent-stabilized tenancy. Tenant also claimed that landlord's action was in retaliation for him filing service reduction and rent overcharge complaints with the DHCR. The court ruled for tenant.

Landlord sued to evict tenant, claiming that the tenancy had expired. Tenant asked the court to dismiss the case, claiming that the petition was defective for not properly pleading a cause of action. Tenant claimed that he was rent stabilized and that landlord's court papers stated no permissible grounds to terminate a rent-stabilized tenancy. Tenant also claimed that landlord's action was in retaliation for him filing service reduction and rent overcharge complaints with the DHCR. The court ruled for tenant. The apartment was subject to the ETPA, and landlord failed to allege in its petition any grounds upon which an ETPA tenancy could be terminated.

MKBH Mgmt. LLC v. Strachin: Index No. 1320-20, 72 Misc.3d 1211(A), 2021 NY Slip Op 50694(U), NYJ No. 1628012088 (Mt. Vernon City Ct.; 7/13/21; Johnson, J)

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