Lease Didn't Contain Notice of Destabilization

April 30, 1999

LVT Number: 13229

Landlord sued to evict tenant when tenant's lease expired, claiming that the building's rent-stabilized status had ended when the J-51 tax benefits expired. Tenant claimed that, since his lease and renewal leases didn't all contain notices that his stabilization status would end when the J-51 expired, then by law he remained rent-stabilized. Landlord claimed that J-51 notices had been sent to tenant as required. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord.

Landlord sued to evict tenant when tenant's lease expired, claiming that the building's rent-stabilized status had ended when the J-51 tax benefits expired. Tenant claimed that, since his lease and renewal leases didn't all contain notices that his stabilization status would end when the J-51 expired, then by law he remained rent-stabilized. Landlord claimed that J-51 notices had been sent to tenant as required. The court ruled against landlord, and landlord appealed. The appeals court also ruled against landlord. The trial court had found that landlord's witness didn't record the mailing of the J-51 notices landlord claimed to have sent and his testimony wasn't believable. The lower court properly dismissed the case.

Avon Bard Co. v. Respondent: NYLJ, p. 28, col. 5 (4/19/99) (App. T. 1 Dept.; Freedman, JP, Davis, J)

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