Landlord's Nonrenewal Notice Not Specific Enough

LVT Number: 19347

Landlord sued to evict rent-stabilized tenant based on owner occupancy needs after sending tenant a notice of nonrenewal of lease. Landlord's notice stated that she had bought the building in October 2005 with the intention of converting it into a primary residence for her and her ''immediate family.'' Tenant asked the court to dismiss the case without trial. He claimed that landlord's nonrenewal notice was defective. The court ruled for tenant and dismissed the case.

Landlord sued to evict rent-stabilized tenant based on owner occupancy needs after sending tenant a notice of nonrenewal of lease. Landlord's notice stated that she had bought the building in October 2005 with the intention of converting it into a primary residence for her and her ''immediate family.'' Tenant asked the court to dismiss the case without trial. He claimed that landlord's nonrenewal notice was defective. The court ruled for tenant and dismissed the case. Rent Stabilization Code Section 2524.2(b) requires landlord to set forth in a nonrenewal notice ''facts necessary to establish the existence'' of the reason claimed for not renewing the lease. Landlord's nonrenewal notice didn't state enough facts to support her claim. The notice didn't state which members of landlord's family were involved or why landlord wished to reside in tenant's apartment.

Barrett v. Rodriguez: NYLJ, 12/6/06, p. 24, col. 1 (Civ. Ct. Kings; Fiorella, J)