Landlord Didn't Attach Certain Notices to Its Eviction Petition

Landlord, a supportive housing provider, sued to evict subtenant for breach of their occupancy agreement. Landlord attached the Notice of Termination to its petition, stating that subtenant failed to comply with program requirements and referring to several Intent to Terminate Residency Notices that weren't attached to the petition. Subtenant asked the court to dismiss the case because landlord's papers didn't include a required notice to cure and failed to cite the regulatory program requirements to terminate a tenancy in a facility licensed by OMH. The court ruled for subtenant, finding that landlord's failure to attach the predicate notices to its petition was a fatal defect that couldn't be cured by attaching them to its response to tenant's motion to dismiss.

ACMH Inc. v. Alvarez: Index No. 305355/20, NYLJ No. 1663070973 (Civ. Ct. NY; 8/30/22; Bacdayan, J)