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VanBur Estates LLC v. Quick

Statute Provided No Distinction Between Eviction Proceedings; NonPayment Suit Dismissed

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RECITATION, AS REQUIRED BY CPLR SECTION 2219(A), OF THE PAPERS CONSIDERED IN THE REVIEW OF THIS MOTION:PAPERS NUMBEREDNOTICE OF MOTION AND AFFIRMATION AND EXHIBITS ANNEXED               1Answering Papers               2DECISION/ORDER

*1  UPON THE FOREGOING CITED PAPERS, THE DECISION/ORDER IN THIS MOTION IS AS FOLLOWS:Petitioner commenced this nonpayment proceeding seeking monthly rent of $811.28 from November 2016. The petition is dated March 2017, and paragraph (7) states the apartment is subject to rent stabilization. Respondent appears by counsel and a guardian ad litem (GAL).Respondent moves by notice of motion for an order dismissing the petition pursuant to CPLR 3211(a)(7) because the petition fails to describe the section 8 subsidy for the subject apartment as required by RPAPL 741(4), and the petitioner failed to serve DHPD as required by 24 CFR 982.310(e)(2)(ii). Petitioner opposes the motion in all respects.Respondent states that she has a section 8 voucher administered by the Department of Housing Preservation and Development (HPD), and that no where in the petition does it allege that respondent is a section 8 tenant or that HPD was served with the nonpayment petition. Respondent argues that to be in compliance with RPAPL 741(4) a petition must state the facts upon which the proceeding is based. The petition must describe any subsidy program in effect for the apartment. Respondent states that 24 CFR 982.310(E)(2)(ii) requires that a landlord

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