Notice to Quit Not Defective

LVT Number: 12091

Landlord sued to evict public housing occupants. The court ruled for landlord, and occupants appealed, claiming that landlord's notice to quit was defective because it didn't refer to occupants' right to present a grievance. Landlord had sent occupants a 10-day notice to quit, claiming that they were licensees of tenants and that their license expired when tenants were removed. The court ruled for landlord.

Landlord sued to evict public housing occupants. The court ruled for landlord, and occupants appealed, claiming that landlord's notice to quit was defective because it didn't refer to occupants' right to present a grievance. Landlord had sent occupants a 10-day notice to quit, claiming that they were licensees of tenants and that their license expired when tenants were removed. The court ruled for landlord. Although applicable law may require NYCHA to give occupants with possible pass-on rights the chance to present a grievance, the law doesn't require landlord to refer to the right to a grievance in the ten-day notice to quit.

NYCHA Independence Towers v. Schwartz: NYLJ, p. 24, col. 3 (1/5/98) (App. T. 2 Dept.; Scholnick, JP, Chetta, Patterson, JJ)