Landlord Didn't Properly Identify Regulatory Status in Petition

February 19, 2014

LVT Number: #25357

Landlord sued to evict cooperative tenant shareholder for breaching its lease. Landlord claimed that tenant's subtenant made excessive noise in the apartment. Tenant asked the court to dismiss the case because the petition didn't properly state the status of the apartment. Tenant also claimed that it had resolved the noise issue in its own proceeding against the subtenant. The court ruled for tenant and dismissed the case. The petition stated that the apartment wasn't subject to rent regulation, but landlord admitted that tenant was rent stabilized.

Landlord sued to evict cooperative tenant shareholder for breaching its lease. Landlord claimed that tenant's subtenant made excessive noise in the apartment. Tenant asked the court to dismiss the case because the petition didn't properly state the status of the apartment. Tenant also claimed that it had resolved the noise issue in its own proceeding against the subtenant. The court ruled for tenant and dismissed the case. The petition stated that the apartment wasn't subject to rent regulation, but landlord admitted that tenant was rent stabilized. This was a serious defect since a correct statement of the apartment's status was needed to apprise tenant and the court of the parties' rights.

611 Banner Owners v. Seacove I LLC: NYLJ No. 1202640316250 (Civ. Ct. Kings; 1/29/14; Schneider, J)

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