Landlord's Notice to Terminate Assisted Living Residency Was Insufficient

LVT Number: #27903

Landlord sued to terminate the admission agreement of an assisted living resident under Social Services Law Section 461-h. Landlord claimed that the resident failed to pay her rent. Resident claimed that landlord's notice and court petition failed to state sufficient facts that would allow her to assert a defense. The court agreed with resident and dismissed the case. The termination notice and petition failed to provide details regarding the amounts owed or when the claimed failure to pay rent occurred. 

Landlord sued to terminate the admission agreement of an assisted living resident under Social Services Law Section 461-h. Landlord claimed that the resident failed to pay her rent. Resident claimed that landlord's notice and court petition failed to state sufficient facts that would allow her to assert a defense. The court agreed with resident and dismissed the case. The termination notice and petition failed to provide details regarding the amounts owed or when the claimed failure to pay rent occurred. 

Island Assisted Living v. Narbone: 56 Misc.3d 1218(A), 2017 NY Slip Op 51058(U) (Dist. Ct. Nassau; 8/23/17; Fairgrieve, J)