Nonrenewal Notice Didn't State Why Landlord Wanted Apartment

LVT Number: 18684

Landlord sued to evict rent-stabilized tenant for owner occupancy of tenant's apartment. Tenant claimed that landlord's nonrenewal notice was insufficient, and asked the court to dismiss the case. The court ruled for tenant. Rent Stabilization Code Section 2524.4(a) says that landlord must state the facts needed to establish owner occupancy in his nonrenewal/termination notice. Landlord's notice contained only a bare-bones statement about landlord's intent to primarily reside in the apartment, but didn't provide any actual reason for landlord's wanting to live there.

Landlord sued to evict rent-stabilized tenant for owner occupancy of tenant's apartment. Tenant claimed that landlord's nonrenewal notice was insufficient, and asked the court to dismiss the case. The court ruled for tenant. Rent Stabilization Code Section 2524.4(a) says that landlord must state the facts needed to establish owner occupancy in his nonrenewal/termination notice. Landlord's notice contained only a bare-bones statement about landlord's intent to primarily reside in the apartment, but didn't provide any actual reason for landlord's wanting to live there.

Riley v. Raphael: NYLJ, 2/8/06, p. 18, col. 1 (Civ. Ct. NY; Finkelstein, J)