Landlord Didn't State Tenant's Shelter+Care Program Status in Court Papers

Landlord of HUD-subsidized building sued to evict tenant for creating a chronic nuisance. The court granted tenant's request to dismiss the case. Landlord's court papers contained basic misstatements and omissions as to the regulatory status of the building. Although the petition stated that the premises was subject to the Rent Stabilization Law, it failed to mention any of the other federal, state, and local regulatory schemes governing the premises, which included the Shelter+Care Program that tenant participated in and two additional regulatory agreements and related amendments with the city and low-income housing credit regulations. Landlord also failed to follow the rules and regulations governing the Shelter+Care Program before starting the case. Landlord was required to give written notice of its reasons for termination, independent review of the termination decision, and prompt written notice of its final decision. In addition, landlord failed to attach a copy of its proposed amended petition to its request to amend the court papers. 

Westchester Gardens, L.P. v. Lanclos: 2014 NY Slip Op 24062, 2014 WL 1044006 (Civ. Ct. Bronx; 3/17/14; Vargas, J)