Case Type

Non-payment

Housing Type

HDFC

Court

Civil Court of the City of New York

County

Bronx County (Bronx)

L&T / Index / Case / Docket / Clerk's Number

LT-322087-24/BX

Petitioner

URBAN HORIZONS HOUSING DEVELOPMENT FUND CORPORATION

Respondent

MABEL GRACIANO, JOHN DOE, JANE DOE

Judge

Lach, Krzysztof

Decision/Order Date

2026-05-11

Posture

Post-answer Motion by Tenant

Disposition

Motion Granted for Tenant

Winner

Tenant Substantially Won

Synopsis

In this nonpayment summary proceeding, the tenant moved to amend her pro se answer, which the court granted. The landlord cross-moved to amend the petition to date and to include the premises' regulatory status. While the petition initially stated the premises was rent-stabilized, it omitted a crucial Amended and Restated Affordable Housing Regulatory Agreement with DHPD, impacting rent levels and tenant rights. The court denied the landlord's request to amend the petition to include this regulatory agreement, finding it a material omission involving a substantial tenant right that could implicate overcharge claims. The landlord's request to amend for post-petition rent was granted.

Keywords

Failure to Plead Regulatory Status; Nonpayment; Cognizable Defense

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