Landlord Can Amend Petition

Facts: Landlord sued to evict tenant for nonpayment of rent. Landlord claimed that the building wasn't rent-stabilized. Tenant claimed that he was subject to rent stabilization. Tenant pointed out that two DHCR proceedings were pending, one concerning whether the building was stabilized and the other concerning tenant's complaint of a rent overcharge. After starting the court action, landlord agreed that the building was stabilized and asked the court for permission to amend its nonpayment petition. Tenant claimed that landlord wasn't allowed to amend the rent-stabilization status it already claimed in its petition. Court: Landlord wins. Landlord had believed in good faith that the building wasn't rent-stabilized. Tenant always claimed that it was. Since landlord now agreed that tenant's apartment was stabilized, there was no harm to tenant by allowing landlord to amend its petition. And since tenant's rent overcharge complaint would eventually be decided by the DHCR, there was no harm to tenant in going forward with the nonpayment proceeding, even if tenant's rent was later reduced.

Thurcon Development Co. v. Yacker: NYLJ, p. 23, col. 3 (7/23/97) (Civ. Ct. NY; Lau, J)