Landlord Can't Maintain Ejectment Action Without Sending Termination Notice

Landlord sued DOB and rent-stabilized building tenants, seeking ejectment of tenants in order to comply with multiple violation notices from DOB. Landlord claimed that, to correct the violations, it needed to remove tenants and demolish their apartments. Tenant asked the court to dismiss the case because landlord sought ejectment without first sending her a tenancy termination notice.

The court ruled for tenant. Rent Stabilization Code Sections 2524.2(a) and (b) required landlord to send tenant a termination notice stating the grounds for eviction or removal, the facts supporting those grounds, and the date on which tenant was expected to vacate. Landlord admitted that no termination was sent. Therefore, the case must be dismissed.

JM Green Realty LLC v. DOB: Index No. 157885/2016, 2020 NY Slip Op 32847(U)(Sup. Ct. NY; 8/27/20; Billings, J)