Petition Didn't Explain Why Apartment Exempt from Rent Control

Landlord sued to evict tenant. Landlord claimed that tenant was a month-to-month tenant and that landlord had sent a 30-day termination notice. Tenant asked the court to dismiss the case. She claimed that she was rent-controlled and that landlord's petition didn't explain why her apartment was exempt from rent control. The court ruled for tenant. Since landlord claimed that tenant's apartment was unregulated, the petition should have set forth the reason for this claim. Tenant claimed that she'd lived in the building since June 1971 and that the building contained at least three apartments. Generally, under those circumstances, a tenant is subject to rent control. Landlord's petition stated only that the building wasn't subject to rent stabilization because it contained fewer than six apartments. The petition said nothing about rent control. So landlord's petition was defective because it didn't give tenant enough information for tenant to prepare an answer.

Washington Assocs. v. Torres: NYLJ, p. 30, col. 4 (6/24/98) (Civ. Ct. Kings; Kramer, J)