Landlord Can't Use 2006 Nonrenewal Notice for Second Eviction Proceeding

August 31, 2010

LVT Number: #22857

Landlord sued to evict rent-stabilized tenant for nonprimary residence in March 2007 after sending tenant a lease nonrenewal notice. The case was marked off the court calendar in August 2007. Seventeen months later, landlord started a new eviction proceeding, again based on nonprimary residence. Landlord relied on the nonrenewal notice sent in November 2006. Tenant claimed that the notice was stale and asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost.

Landlord sued to evict rent-stabilized tenant for nonprimary residence in March 2007 after sending tenant a lease nonrenewal notice. The case was marked off the court calendar in August 2007. Seventeen months later, landlord started a new eviction proceeding, again based on nonprimary residence. Landlord relied on the nonrenewal notice sent in November 2006. Tenant claimed that the notice was stale and asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Landlord had abandoned the prior nonprimary residence proceeding, so the nonrenewal notice was stale and ineffective as the basis for a new eviction proceeding.

AREP 19 Fifty-Fifth LLC v. McLaughlin: NYLJ, 8/16/10, p. 18, col. 3 (App. T. 1 Dept.; McKeon, PJ, Shulman, Hunter, JJ)

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