Landlord Didn't Properly Describe Building's Regulatory Status

September 28, 2017

LVT Number: #27942

Landlord sued to evict apartment occupant, who claimed succession rights. Landlord then asked the court to strike that defense, claiming that occupant failed to meet the income qualifications in the regulatory agreement with HUD that governed the building under the Low Income Housing Tax Credit program. But landlord failed to adequately describe the building's regulatory status while, at the same time, trying to use this omission to defeat occupant's succession defense. Landlord asked the court for permission to amend its court petition.

Landlord sued to evict apartment occupant, who claimed succession rights. Landlord then asked the court to strike that defense, claiming that occupant failed to meet the income qualifications in the regulatory agreement with HUD that governed the building under the Low Income Housing Tax Credit program. But landlord failed to adequately describe the building's regulatory status while, at the same time, trying to use this omission to defeat occupant's succession defense. Landlord asked the court for permission to amend its court petition. The court ruled against landlord and dismissed the case because landlord's failure to properly describe the premises in court papers created prejudice to occupant. Occupant only learned of the apartment status after it was raised in landlord's effort to strike occupant's defense.

East 129th Street Cluster, LP v. Blizzard: Index No. L&T 250912-16/HA, NYLJ No. 1202796730197 (Civ. Ct. NY; 8/11/17; Saunders, J)

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