Nonrenewal Notice Doesn't State When Tenant Took Possession

May 31, 1999

LVT Number: 13251

Landlord sued to evict rent-stabilized tenant. Tenant claimed that landlord's nonrenewal notice was defective because it didn't state when tenant moved into the apartment. Tenant claimed that landlord's petition should be dismissed because of this defect. An appeals court ruled for tenant. Since landlord's nonrenewal notice didn't state any facts as to when tenant took possession of the apartment, tenant wasn't given sufficient information to effectively defend against landlord's eviction case.

Landlord sued to evict rent-stabilized tenant. Tenant claimed that landlord's nonrenewal notice was defective because it didn't state when tenant moved into the apartment. Tenant claimed that landlord's petition should be dismissed because of this defect. An appeals court ruled for tenant. Since landlord's nonrenewal notice didn't state any facts as to when tenant took possession of the apartment, tenant wasn't given sufficient information to effectively defend against landlord's eviction case.

Jewish Theological Seminary of America v. Fitzer: 685 NYS2d 215 (2/11/99) (App. Div. 1 Dept.; Rosenberger, JP, Lerner, Rubin, Mazzarelli, JJ)

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