Landlord's Petition Didn't State Why Apartment Was Unregulated

Landlord sued to evict tenant after sending a 30-day termination notice. Landlord claimed that tenant’s apartment wasn’t subject to rent control or rent stabilization. Tenant asked the court to dismiss the case because landlord’s court papers didn’t state any reason why the apartment was unregulated. The court ruled for tenant. Landlord’s failure to state a reason why the apartment wasn’t rent stabilized was a fatal flaw. The apartment was located in a building containing six apartments. Tenant was entitled to know, through a statement in landlord's petition, the factual or legal grounds for the claim that the apartment wasn’t rent stabilized. Landlord’s claim, in opposition papers to tenant’s motion to dismiss, that the apartment had been previously owner occupied, was an insufficient explanation. Landlord should have asked for permission to amend its petition, but didn't do so.

1290 Nostrand LLC v. Salem: NYLJ, 8/28/09, p. 29, col. 3 (Civ. Ct. Kings; Finkelstein, J)