Landlord Didn't Send Termination Notice Before Starting Eviction Case
LVT Number: #24089
Landlord sued to evict rent-stabilized tenant for certain lease violations. Landlord and tenant signed a settlement agreement in court. They agreed that landlord could bring the case back to court for a final judgment of possession if tenant didn't comply with the agreement. The court later ruled for landlord when it brought the case back to court. Tenant then appealed, pointing out that landlord never sent a lease termination notice before starting the eviction case. The court ruled for tenant and dismissed the case. The Rent Stabilization Code required landlord to send a termination notice before starting an eviction case. This was a fundamental defect that tenant didn't realize when he signed the settlement agreement. The judgment must be vacated and the case dismissed.
Kings Highway Realty Corp. v. Riley: NYLJ, 4/27/12, p. 40, col. 3 (App. T.2 Dept.; Weston, JP, Rios, Aliotta, JJ)