Non-Profit Housing Used for Homeless Occupant No Longer Exempt
LVT Number: #30746
Landlord sued to evict tenant for violation a substantial obligation of her tenancy through illegal subletting. Landlord claimed that the apartment was supportive housing that wasn't subject to rent stabilization.
The court granted tenant's request to dismiss the case. Tenant argued that, under Part J of the Housing Stability and Tenant Protection Act of 2019 (HSTPA), the apartment was rent stabilized. Amended ETPA Section 5(a)(6) created an exception to rent-stabilization exemptions for housing accommodations owned or operated by non-profit organizations for permanent housing accommodations with government contracted services to vulnerable individuals or individuals with disabilities who were homeless or at risk of homelessness.
In response, landlord asked the court for permission to amend its court papers to acknowledge that its own tenancy was rent stabilized. But landlord didn't attach a copy of a proposed amended petition to its request. And landlord proposed to amend its predicate notice in addition to the court petition.
The predicate notice can't be amended. There appeared to be other errors as well. The case was dismissed without prejudice, so landlord could start over.
Jericho Project Lessee v. Marte-Travers: Index No. 32182/19, 2020 NY Slip Op 50391(U)(Civ. Ct. Bronx; 4/6/20; Lutwak, J)