Landlord Filed Notice with Wrong District Rent Office

LVT Number: #23045

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed improper filing of the termination notice and asked the court to dismiss the case. The court ruled for tenant. Rent Control Regulations Sections 2200.3(g), 2200.8, and 2204.3 require landlord to file a copy of the termination notice sent to tenant with the DHCR's local District Rent Office in Brooklyn, the county where the apartment was located and the court case was commenced. Landlord mistakenly filed the notice with the Queens District Rent Office.

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed improper filing of the termination notice and asked the court to dismiss the case. The court ruled for tenant. Rent Control Regulations Sections 2200.3(g), 2200.8, and 2204.3 require landlord to file a copy of the termination notice sent to tenant with the DHCR's local District Rent Office in Brooklyn, the county where the apartment was located and the court case was commenced. Landlord mistakenly filed the notice with the Queens District Rent Office.

Underhill-Washington Equities LLC v. Campbell: Index No. 97673/09, NYLJ No. 1202474690292 (Civ. Ct. Kings; 10/20/10; Marton, J)