Judge David Bryan

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Petitioner moved to amend its petition for rent arrears to correct the rent stabilization status of the subject premises. Respondent cross-moved to dismiss for petitioner's failure to accurately plead the status of the premises. Petitioner sought over $14,000 in rental arrears; respondent filed an answer, asserting a general denial and alleging violations of the warranty of habitability and that he was arranging to pay the arrears. Although the failure to strictly comply with statutes governing summary proceedings generally acted to deprive the court of jurisdiction and warranted dismissal, petitioner urged the court to excuse its pleading defect. However, the court found that petitioner failed to cite any authority permitting the court to excuse petitioner's failure to properly plead the regulatory status of the subject premises, even where the failure appeared to be an innocent or unintended failure. Accordingly, the court ruled that because petitioner had improperly pleaded the regulatory status of the subject premises and the status could not be amended in the petition, petitioner's motion to amend had to be denied and respondent's motion to dismiss had to be granted.