Petition Was Specific Enough

February 1, 2000

LVT Number: 13853

Landlord sued to evict tenant. Tenant claimed that the petition was defective because it didn't specifically state the rent regulatory status of the apartment. The court ruled for tenant and dismissed the petition. Landlord appealed and won. Landlord's petition stated that the apartment wasn't subject to rent stabilization because it ''was or became vacant on or after April 1, 1994, and had a legal regulated rent of $2,000 or more per month.'' The petition also made reference to the high-rent exclusion section of the Rent Stabilization Law.

Landlord sued to evict tenant. Tenant claimed that the petition was defective because it didn't specifically state the rent regulatory status of the apartment. The court ruled for tenant and dismissed the petition. Landlord appealed and won. Landlord's petition stated that the apartment wasn't subject to rent stabilization because it ''was or became vacant on or after April 1, 1994, and had a legal regulated rent of $2,000 or more per month.'' The petition also made reference to the high-rent exclusion section of the Rent Stabilization Law. So landlord's petition specifically stated the rent-regulatory status of the apartment.

Clypeta Realty Co. v. Caporale: NYLJ 1/25/00, p. 26, col. 3 (App. T.1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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