Nonprimary Residence Claim Against Tenant Dismissed Due to Defective Termination Notice
LVT Number: #32734
Landlord sued to evict an 82-year-old rent-stabilized tenant who had lived in the apartment for 47 years based on nonprimary residence. Landlord asked the court for permission to conduct pre-trial questioning. Tenant in turn asked the court to dismiss the case, arguing that landlord's predicate lease nonrenewal/termination notice wasn't particular enough.
The court ruled for tenant. The notice stated only one factual allegation to support tenant's claim of nonprimary residence: that tenant lived at a specified address in Spain. Other allegations that tenant no longer permanently resided in the apartment and that the tenant lacked an intent to return to live at the apartment were conclusory and mere conjecture unfounded on any other facts. Since a predicate notice can't be amended, the case must be dismissed.
Ram I, LLC v. Haslacher: Index No. LT-318993-22, 2023 NYLJ LEXIS 1967 (Civ. Ct. NYH; 8/4/23; Fang, J)