Bianchi v. Savage

This is a proceeding brought by petitioner to terminate an oral month-to-month tenancy. Notice to terminate was served pursuant to section 232-b of the Real Property Law and while respondents admit such service, they also plead inter alia, that there is no jurisdiction in this court to proceed because the petition contains no allegation (1) that the premises come under the Emergency Tenant Protection Act of 1974 (L 1974, ch 576, § 4) (ETPA) or (2) that said act has been complied with. Petitioner moved to amend the petition to include both allegations.

We hold the ETPA does apply to subject…