Case Type
Holdover-Nonpayment
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
LT-324031-23/KI
Slip Opinion Number
2024 NY Slip Op 51515(U)
Petitioner
Dewitt Luxury Home Inc.
Respondent
Jerome Lewis et al.
Judge
Basu, Shantonu J.
Decision/Order Date
2024-11-04
Posture
Post-answer Motion by Landlord, Post-answer Motion by Tenant
Disposition
Case Dismissed/discontinued
Winner
Tenant Substantially Won
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.
Recommended Citation
"Dewitt Luxury Home Inc. v. Lewis" (2024). All Decisions. 1683.
https://ir.lawnet.fordham.edu/housing_court_all/1683
