Landlord Didn't Sufficiently Describe Homeless Housing Agreement in Eviction Petition

Landlord sued to evict tenant after sending a 30-day termination notice. Landlord claimed that tenant's lease expired on Jan. 31, 2019, and that tenant then became a month-to-month tenant. Landlord said that the unit was exempt from rent stabilization and that the tenancy had been subject to a HUD Section 8 lease administered by NYCHA.

Tenant asked the court to dismiss the case, and argued that landlord misstated both its interest in the premises and the regulatory details. Landlord's court petition stated that it was the building "owner." But in fact it held a ground lease with the building owner. Landlord's petition also stated that the premises was supported housing under an agreement with DOHMH. But tenant's lease stated that the premises was supportive housing for homeless or at-risk individuals including formerly homeless veterans under a program administered by NYC under an agreement between CUNY and landlord. CUNY and landlord also had a subagreement outlining significant funding, reporting, and service obligations affecting the tenancy, and involving HRA and DHS.

None of this was mentioned in landlord's court petition. Since constitutional due process guarantees were triggered as a result of landlord's entwinement with CUNY, HRA, and DHS, landlord's failure to state a cause of eviction beyond termination of the tenancy made landlord's petition defective. The case was dismissed.

Help Social Serv. Corp. v. Harris: 67 Misc.3d 1243(A), 2020 NY Slip Op 50818(U)(Civ. Ct. Queens; 7/10/20; Guthrie, J)