Question re: Notice of Petition - Kings County

[NeGeMo]

Hi all,

Recently I have been served with a notice of petition to appear in court regarding a non-payment of rent.

I have a question regarding the last page where there are 10 points that cover the parties involved, rent amounts, stabilization status, etc.

Must all of these be true for a case to continue? I have searched Google and this forum for any info on defective notices of petition, and I cannot find any thing that helps me directly.

My question refers to point (or number) 10: "

The Premises are a multiple dwelling, and pursuant to the Administrative Code Article 41 there is a currently effective registration statement on file with the Office of Code Enforcement in which the owner has designated the managing agent named below, a natural person over 21 years of age, to be in control of and responsible for the maintenance and operation of the dwelling"

The person listed as the "agent" is someone that I am not aware of. He is not the owner of the building nor is he listed as an agent with the Office of Code Enforcement www.nyc.gov/hpd website.

I understand that a general denial will force the LL to show the deed. However, is there grounds for a dismissal if the person who is listed as the "agent" on the notice of petition is in fact NOT listed as such with the Office of Code Enforcement? Is s/he the only one that can initiate the non-payment?

Is there any case law of interest regarding the info above? Thanks in advance!

Thanks!!

[TenantNet]

It's probably some person in the LL office. They have a way of changing the Managing Agents from time to time. Courts usually allow them to amend the petition. This appears to be a technicality that most likely won't imped their case against you.

[cardinalfang]

The registration requirements of the NYC Housing Maintenance Code are online. Housing Maintenance Code (Administrative Code of the City of New York) section 27-2107 (b) provides,

"An owner who is required to file a statement of registration under this article and who fails to file as required shall be denied the right to recover possession of the premises for nonpayment of rent during the period of noncompliance, and shall, in the discretion of the court, suffer a stay of proceedings to recover rents, during such period. In any action to recover possession under section seven hundred eleven of the real property actions and proceedings law, the owner shall set forth his or her registration number issued by the department, and shall allege that he or she has filed a statement of registration and shall annex a copy of the receipt of such registration to his or her petition."

The landlord's failure to comply can be raised in the answer, in a motion to dismiss or for summary judgment, or at trial.

[TenantNet]

While that's true, I've seen the courts allow LLs to amend the pleadings in many cases, i.e., the defect can be corrected. Sure, the OP should raise this, but realize in the long run it will come back to the merits of the case.