Nonrenewal Notice Wasn't Defective

LVT Number: 13710

Landlord sued to evict rent-stabilized tenant so that she could live in the apartment herself. Tenant claimed that landlord's notice of nonrenewal of tenant's lease was defective. The court ruled for tenant and dismissed the case. Landlord appealed and won. Landlord's notice stated that she had lived in a Brooklyn studio apartment connected with the Laundromat she managed in that building. When the business closed, she lost her job and the studio apartment. Landlord then moved into a one-room apartment in Newark and wanted to return to New York.

Landlord sued to evict rent-stabilized tenant so that she could live in the apartment herself. Tenant claimed that landlord's notice of nonrenewal of tenant's lease was defective. The court ruled for tenant and dismissed the case. Landlord appealed and won. Landlord's notice stated that she had lived in a Brooklyn studio apartment connected with the Laundromat she managed in that building. When the business closed, she lost her job and the studio apartment. Landlord then moved into a one-room apartment in Newark and wanted to return to New York. Although landlord's notice didn't specifically state that she intended to live in tenant's apartment as her primary residence in New York, landlord's notice was specific enough that this intent was made clear.

Yen v. Ramos: NYLJ, p. 30, col. 3 (11/24/99) (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)