Landlord's Nonrenewal Notice Stated Enough Facts

Landlord sued to evict rent-stabilized tenant to recover apartment for his own use. Landlord's notice stated that landlord currently lived in an unregulated apartment for which he paid substantial rent, and that he wanted to combine tenant's apartment with one or two others in the building so he could live there with his two minor daughters. Landlord had already recovered the apartment next door to tenant's. Tenant asked the court to dismiss the case. He claimed that landlord's lease nonrenewal notice didn't state enough facts and was therefore defective. Tenant argued that landlord's notice didn't state how old his children were and didn't mention that his children lived with him only part-time under a divorce agreement. Tenant also questioned landlord's good faith because combining the apartments, as landlord wished, would create more space than landlord could need. The court ruled against tenant. Landlord's notice gave sufficient detail about who planned to live in the apartment and why landlord wanted to live there with his family. At the trial, landlord had to prove his good-faith intent to live in tenant's apartment, but the Rent Stabilization Code does not limit the number of apartments that landlord can recover for his primary residence in New York City.

Kokot v. Green: NYLJ, 3/2/07, p. 22, col. 1 (Civ. Ct. NY; Wendt, J)