Failure to Plead Premies' Regulatory Status

by Amara Amy Digital Marketer

I just got served with eviction papers. The Holdover Petition I received does not mention that my apartment is rent-stabilized, but it is! What can I do?

eviction

Did you get served with a termination notice and a notice of petition/petition? Does the petition fail to mention that you live in a rent-stabilized building, even though you know or suspect that you do? What can be done about this?

You can ask the Court to dismiss the Petition, because it is defective.

When your landlord’s attorney submits the Petition to the Court, the Petition must state all the facts upon which the proceeding is based. One of those facts that must be clearly stated is the regulatory status of your apartment. Another one is whether or not your landlord has any city, state, or federal governmental contracts.

Why? Because you can actually—or potentially—be robbed of the opportunity to present defenses if the information is inaccurate. Defenses that all tenants have under rent regulations or governmental contracts.

It is your landlord’s responsibility, as a Petitioner, to put you on notice of the laws regarding your tenancy or any other rights that are at stake in this proceeding.

In this case, the failure to mention that your building is rent-stabilized makes the fight unfair because you cannot assert the full extent of your rights and defenses under the rent-stabilization code.

Similarly, if your landlord has a governmental contract, that contract may spell out certain additional defenses. What if the contract says that the landlord can only evict a tenant “for good cause”? What if the contract also lays out certain procedures that the landlord must comply with to properly terminate your tenancy? What if you didn’t know this?

If the Petition leaves any of this information out, the petition is defective. If the petition is defective, your day in Court is not fair. If your day in Court is not fair, the law must step in to protect you by dismissing the proceeding.

Do you live in a rent-stabilized building? Is your landlord trying to evict you? Does your petition fail to mention the fact that the building is rent-stabilized? Or does it leave out the fact that your landlord has a governmental contract to provide housing?

If you have answered “yes” to these questions, you may have an opportunity to stave off your eviction. At Outerbridge Law, we can investigate the rent-regulatory status of your building and determine if you have any additional protections under any contracts your landlord has with a government so that we can use the information to fight your eviction, potentially obtain a dismissal, and keep you in your home.

Outerbridge Law, P.C.

(212) 364-5593

contact@outerbridgelaw.com

www.outerbridgelaw.com