Landlord Started Nonpayment Case After Sending Termination Notice

On March 15 landlord sent rent-stabilized tenant a termination notice for not renewing her lease. On March 27 landlord started a nonpayment proceeding against tenant. Landlord and tenant appeared in court in April and settled the nonpayment case. At that time landlord and tenant also signed a renewal lease. On April 28 landlord notified tenant in writing that it was rejecting the renewal lease and that tenant must move out by April 30. Landlord then brought a holdover proceeding. Tenant claimed this was improper. The court ruled for tenant. Landlord started a nonpayment case after sending tenant the termination notice. This showed landlord was willing to accept a continued tenancy. So the March 15 termination notice was void. The court also noted that landlord didn't serve a copy of the termination notice on the DHCR, as required by the ETPA.

Javind Apartment Corp. v. Anderton: NYLJ, p. 29, col. 3 (9/13/95) (City Ct. Yonkers; Nocca, J)