OLR MM, LP v. Larue

Synopsis

The court granted the tenant's motion to dismiss the landlord's holdover petition for failure to complete annual recertification. The court found that the petition was fatally defective because it failed to plead the full rent regulatory status of the tenancy. Specifically, it omitted the existence of a regulatory agreement between the landlord and HPD, which governs the tenancy and affects the tenant's rights. The court held that this omission, which deprived the court of an understanding of the entire regulatory framework, was not a mere technicality and warranted dismissal.