Landlord Didn't State Tenant's Regulatory Status
LVT Number: #24467
Yonkers landlord sued to evict tenant based on a clutter condition in tenant's apartment. Landlord and tenant signed a settlement agreement in court. Tenant , who was represented by an attorney, agreed that he would move out by July 31, 2011, unless the apartment passed an inspection on July 12, 2011. If tenant passed inspection, he could remain until Aug. 31, 2011. The court later denied tenant's request to vacate the agreement. Tenant appealed and won. Landlord's court papers stated that tenant was deregulated. But tenant's apartment was in a building that received a project-based Section 8 subsidy. Since landlord's petition failed to properly state tenant's regulatory status, the case must be reopened and dismissed.
Park Properties Associates, LP v. Williams: 2012 NY Slip Op 22347, 2012 WL 5974100 (App. T. 9&10; 11/26/12; Nicolai, PJ, Iannacci, LaSalle, JJ)