Landlord's Predicate Notices Didn't Support Claim

Landlord sued to evict rent-stabilized tenant and apartment occupants based on tenant's failure to cure a breach of her lease agreement and Affordable Housing Program regulations by allowing unauthorized individuals to occupy her apartment. Landlord claimed that tenant allowed her boyfriend to live with her in the unit without receiving prior authorization or recertifying her household information as required under the regulations governing her occupancy at the building.

The court granted tenant's request to dismiss the case. Landlord's notice to cure didn't contain any specific facts to support its claim that the boyfriend lived in the apartment. Landlord's entire argument concerning tenant's breach of her lease was based on a conclusory allegation that the boyfriend was a member of tenant's household. Landlord's notice didn't include any specific circumstances that led it to conclude that the boyfriend was living in the building. Landlord's cure notice also was ambiguous because it referred solely to the boyfriend as the unauthorized occupant but directed tenant to remove him "and any other individuals who are residing in the premises without authorization." Landlord's termination notice didn't name the boyfriend in any of its claims as the unauthorized individual residing in the apartment or list any dates when he was seen taking the elevator from tenant's floor or leaving the building. 

Riverwalk 8, LLC v. Smith: Index No. 313117/22, 2023 NY Slip Op 31708(U)(Civ. Ct. NY; 5/4/23; Bacdayan, J)