Nonrenewal Notice Wasn't Defective

December 1, 1993

LVT Number: 8374

Landlord sued to evict tenant for nonprimary residence. Tenant claimed landlord's nonrenewal notice was defective. The trial court ruled for tenant, and dismissed landlord's case. Landlord appealed. The appeals court reversed, and sent the case back for trial. Landlord's notice stated sufficient facts. It set forth that tenant hadn't resided in the apartment for more than 183 days during the prior year, hadn't paid New York City resident taxes, and was primarily residing at a specific address outside New York City.

Landlord sued to evict tenant for nonprimary residence. Tenant claimed landlord's nonrenewal notice was defective. The trial court ruled for tenant, and dismissed landlord's case. Landlord appealed. The appeals court reversed, and sent the case back for trial. Landlord's notice stated sufficient facts. It set forth that tenant hadn't resided in the apartment for more than 183 days during the prior year, hadn't paid New York City resident taxes, and was primarily residing at a specific address outside New York City. Landlord's notice complied with the requirements of Rent Stabilization Code section 2524.2(b).

Kev Realty Co., Inc. v. Goldfarb: NYLJ, p. 29, col. 6 (11/18/93) (App. T. 1 Dept.; Parness, JP, Miller, Glen, JJ)

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