Dewitt Luxury Home Inc. v. Lewis

Synopsis

The landlord commenced a nonpayment proceeding against the rent-stabilized tenant, who also received Section 8 benefits. The landlord failed to plead the correct regulatory status of the apartment and failed to plead that the tenant received Section 8 benefits. The court denied the landlord's motion to amend the petition and granted the tenant's motion to dismiss, finding that the landlord's errors were fundamental and could not be corrected by amendment.