(Routolov Garzillo, 86788/15, NYLJ 1202781160330 at 1 [Civ Ct. Kings Co., Decided
February 16, 2017]; 2017 NYLJ LEXIS 659 (citing 17th Holding LLC v Rivera, 195
Misc 2d 531 [2d Dept 2002]) and may be overlooked where no prejudice results to the tenant (Park Props. Assoc., LP v Williams, 38
Misc 3d 35 [App Term 9th & 10th Jud Dists 2012]). However, where a petition
contains 'fundamental misstatements and omissions' it will be dismissed (Cintron v
Pandis, 34 Misc 3d 152(A) (citing Jeffco Mgt. Corp. Local Dev. Corp. of Crown Hgts.,
22 Misc 3d 141 (A) [App. Term 2d, 11th 7 13th Jud Dists 2009]; see also Mc Fadden v
Sassower, 26 Misc 3d 141(A) [App Term, 2nd dept. 2010]). In addition, Federal Regulation
24 CFR 982.310 (e)(2)(ii) requires that the owner-landlord seeking to terminate a tenancy under
the Section 8 program to give the housing administrator a copy of the eviction notice(s) served on
tenants including the Notice of Petition and Petition.
In the instant case, the petition states that the Respondent entered into possession of the
subject premises under a rental agreement with Petitioner, wherein Respondent promised to pay
[*3]rent in the amount of $1400.00 per month. The petition also
states the premises are not subject to rent control or ETPA because the building was constructed
after December 31, 1973 effective date of ETPA.
Petitioner failed to plead in its petition that the Respondent's tenancy is subsidized by
Section 8; and that the Section 8 administrator (CVRNY) was served with all notices related to
the eviction proceedings. There is no evidence that Petitioner served CVRNY with any notice
including the Notice of Petition and Petition, as no affidavit of service on CVRNY or any proof