Landlord Didn't File Notice with DHCR

May 31, 2005

LVT Number: 18157

Landlord sued to evict rent-controlled tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord didn't deliver a copy of his termination notice to the DHCR. The court ruled for tenant. Landlord appealed and lost. A certificate of eviction from the DHCR wasn't required. But rent control regulations did require landlord to file a copy of the termination notice with the DHCR, along with an affidavit of service, within 48 hours after delivering copies to tenant.

Landlord sued to evict rent-controlled tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord didn't deliver a copy of his termination notice to the DHCR. The court ruled for tenant. Landlord appealed and lost. A certificate of eviction from the DHCR wasn't required. But rent control regulations did require landlord to file a copy of the termination notice with the DHCR, along with an affidavit of service, within 48 hours after delivering copies to tenant.

Shahid v. Estavez: NYLJ, 5/5/05, p. 30, col. 6 (App. T. 2 Dept.; Pesce, PJ, Rios, Belen, JJ)

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