Landlord Can't Evict Tenant without Giving Proper Notice

June 30, 2010

LVT Number: #22735

Landlord sued to eject rent-stabilized tenant in State Supreme Court. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord appealed and lost. Before starting the court case, landlord failed to give tenant prior notice of the grounds for termination of his tenancy, as required by Rent Stabilization Code Section 2524.3. Landlord could start over in housing court with a new eviction proceeding after giving proper notice to tenant.

Landlord sued to eject rent-stabilized tenant in State Supreme Court. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant. Landlord appealed and lost. Before starting the court case, landlord failed to give tenant prior notice of the grounds for termination of his tenancy, as required by Rent Stabilization Code Section 2524.3. Landlord could start over in housing court with a new eviction proceeding after giving proper notice to tenant.

406 W. 48th LLC v. Vaituzis: NYLJ, 6/17/10, p. 33, col. 5 (App. Div. 1 Dept.; Mazzarelli, JP, Moskowitz, DeGrasse, Abdus-Salaam, Manzanet-Daniels, JJ)

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