A petitioner commenced a “‘no grounds’ holdover proceeding,” alleging that the parties’ lease had expired and was not renewed. The petition asserted that the premises were “not subject to rent stabilization or the ETPA of 1974, because the building has been substantially rehabilitated as family units on or after Jan. 1, 1974.” The respondent asserted “the petition incorrectly states the rent regulatory status of the apartment, rent overcharge, and breach of the warranty of habitability.” A subtenant appeared by counsel, but did not file an answer. She submitted an affidavit stating that she was not “a resident, lessee, or occupant of the subject apartment.” She alleged that “she has spent evenings in the apartment with the tenant, and she resides at another apartment….” She claims that “she is not responsible for rent or use and occupancy” for the subject apartment.

The petitioner moved for summary judgment and for sanctions against the respondent tenants “for suborning and using perjured affidavits together with a scheme designed to impair the administration of justice.” One respondent cross-moved for “an order dismissing the petition for failure to adequately describe the premises.”