Landlord's Termination Notice in Owner Occupancy Case Was Insufficient

January 25, 2018

LVT Number: #28176

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was inadequate. The court ruled for tenant and dismissed the case. Landlord's notice cited the statutory language governing owner occupancy proceedings. But the notice stated only that landlord needed the apartment for a member of landlord's immediate family without identifying a name or the person's relationship to landlord.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was inadequate. The court ruled for tenant and dismissed the case. Landlord's notice cited the statutory language governing owner occupancy proceedings. But the notice stated only that landlord needed the apartment for a member of landlord's immediate family without identifying a name or the person's relationship to landlord. The notice also didn't state that landlord sought the eviction in good faith, or explain any reason why the family needed this particular apartment, which tenant had lived in for 20 years.

Mucciarone v. El Sayed: Index No. 66412/17, NYJ No. 1513388889 (Civ. Ct. Kings; 11/30/17; Poley, J)

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