Landlord's Lease Nonrenewal Notice Was Fatally Defective
LVT Number: #33166
Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant filed for ERAP rental assistance while the case was pending, and landlord asked the court to vacate the automatic ERAP stay of the proceeding. Tenant in turn asked the court to dismiss the case, claiming that landlord's lease nonrenewal notice was defective.
The court ruled for tenant, finding that the notice was vague and contained generic conclusory statements based on hearsay and circumstantial evidence. The notice stated only that tenant hadn't maintained an ongoing connection to the apartment, had failed to spend at least 183 days a year in the apartment during the prior two years, that the extreme clutter in tenant's apartment made it impossible to live there, but that landlord didn't know another address where tenant was residing.
Ladan Realty Corp. v. Kercy: Index No. LT-0602752-19, 2024 NY Slip Op 30715, NYLJ No. 1709080066 (Civ. Ct. NY; 2/26/24; Kitson, J)