Urban Horizons Housing Dev. Fund Corp. v Graciano

Synopsis

In this nonpayment proceeding, the court denies the landlord's motion to amend the petition to add information about a regulatory agreement, finding the omission a material defect under RPAPL 741(2),(4) because the agreement confers substantial tenant rights, including potential overcharge claims. The court separately grants the landlord's motion to add subsequent rent due and grants the tenant's motion to amend its answer.