Landlord's Petition Defective

November 1, 1993

LVT Number: 8329

Landlord sued to evict rent-controlled tenant for illegal subletting. Tenant claimed landlord's petition was defective. The court ruled for tenant. Landlord didn't state in its petition that it served a copy of tenant's termination notice on the local DHCR district rent office (DRO). Landlord did in fact serve the termination notice copy on the DRO within 48 hours of serving tenant. But rent control regulations require both service and pleading in the eviction petition that service was made. Landlord's petition was therefore defective and was dismissed.

Landlord sued to evict rent-controlled tenant for illegal subletting. Tenant claimed landlord's petition was defective. The court ruled for tenant. Landlord didn't state in its petition that it served a copy of tenant's termination notice on the local DHCR district rent office (DRO). Landlord did in fact serve the termination notice copy on the DRO within 48 hours of serving tenant. But rent control regulations require both service and pleading in the eviction petition that service was made. Landlord's petition was therefore defective and was dismissed.

Dirot Realty Corp. v. Watts: NYLJ, p. 22, col 4 (10/20/93) (Civ. Ct. NY; Stallman, J)

Topics

More like this