the tenant is committing a nuisance; the occupancy by he tenant is illegal under the law; the
tenant is using or permitting the premises to be used for illegal purposes; the tenant has
unreasonably refused access to the premises for required maintenance and repairs by the
landlord; the tenant has failed or refused following the required notice ro renew an expiring lease
in a manner prescribed under the ETPA or an illegal sublet of the premises. ETPA §
2504.3(a) provides no eviction proceeding can be commenced against an ETPA tenant unless the
landlord provides written notice to the tenant upon one of the grounds permitted in ETPA §
2504.2 (9 NYCRR §§ 2504.3(a), 2504.2))
A summary proceeding is a special proceeding governed entirely by statute and it is well
established that there must be strict compliance with the statutory requirements to give the court
jurisdiction (See Goldman Bros. v. Forester, 62 Misc 2d 812 [NY Civ. Ct. 1970]). A
petition in a summary proceeding is sufficient if it sets forth sufficient facts so that respondent
may adequately frame a defense (Tompkins Park-St. Marks Associates v. Boz Boz II
Enterprises, Ltd., 177 Misc 2d 949 [1998]. RPAPL § 741 provides that a petition must
state, inter alia, the interest a tenant has in the premises and the facts upon which a
proceeding is based. When the tenancy is subject to a specific rent regulation, the petition must
state the tenant's regulatory status because this status will determine the scope of the tenant's
rights in the summary proceeding (Cintron v Pandis, 34 Misc 3d 152 (A) [2d Dept. 2012]).
In this case, the petition merely states that respondent entered into possession of the premises
under a written lease agreement which expired after which the tenancy continued therein on a