Petition Didn't State Apartment's Rent-Controlled Status

November 1, 1995

LVT Number: 10123

New landlord sued to evict tenant from two-family house. In his petition, landlord claimed tenant moved in after June 30, 1971, and wasn't rent-controlled. Tenant claimed she was rent-controlled and had moved into the apartment before September 1952. Tenant submitted copies of certified DHCR records showing that in February 1972 the Office of Rent Control issued a maximum base rent (MBR) order for the apartment. Tenant was named on the order as the apartment occupant. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant.

New landlord sued to evict tenant from two-family house. In his petition, landlord claimed tenant moved in after June 30, 1971, and wasn't rent-controlled. Tenant claimed she was rent-controlled and had moved into the apartment before September 1952. Tenant submitted copies of certified DHCR records showing that in February 1972 the Office of Rent Control issued a maximum base rent (MBR) order for the apartment. Tenant was named on the order as the apartment occupant. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord incorrectly stated the rent regulatory status of the apartment, as required by RPAPL, section 741. Also, even though landlord's case against tenant was dismissed, the court considered and ruled for tenant on issues raised in tenant's counterclaims.

Kabala v. Smigielsky: NYLJ, p. 29, col. 2 (10/18/95) (Civ. Ct. Kings; Rivera, J)

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