Judge Sabrina Kraus
In an underlying summary holdover action by landlord Blake against tenant Todd, Blake sought to terminate a month-to-month tenancy. Blake now moved to amend the petition to provide that the premises were exempt from rent stabilization based on Blake’s allegation the premises was an SRO with less than six units. The court noted Blake purchased the subject building in 2007, and was a co-owner with Shephard under a recently recorded deed on ACRIS. However, the court took judicial notice of the certificate of occupancy for the building on the Department of Buildings website providing for a total of 10 residential units. The court opined that Blake was aware of same prior to purchasing the premises, noting Blake also submitted a multiple dwelling registration with HPD indicating there were 10 residential units. Thus, it found Blake’s affidavit stating otherwise was either a mistake or falsely made, cautioning Blake and his counsel to be more accurate in filing any papers with the court in the future. Therefore, the court concluded that as the proceeding failed to state a cause of action or a basis for the premises being exempt from rent stabilization, Blake’s petition was denied.