Court Papers Stating No Reason for Termination Are Defective

LVT Number: #29920

Landlord sued to evict ETPA tenant. Tenant asked the court to dismiss the case, claiming that she was rent controlled, not rent stabilized. Tenant claimed that she moved into the apartment on June 1, 1966, not 1986 as landlord claimed. Tenant presented a DHCR Order Determining Facts or Fixing Maximum Rent dated June 1, 1966, listing her as a rent-controlled tenant. She also pointed out that landlord never filed a Report of Statutory Decontrol due to any vacancy after that.

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Dwyer v. Wimbush: 62 Misc.3d 1213(A), 2019 NY Slip Op 50124(U) (City Ct. Mt. Vernon; 1/29/19; Armstrong, J)