Social Service Agency's Termination Notice Defective
LVT Number: #23289
A social services agency, as prime tenant of an apartment, sued to evict month-to-month subtenant after sending her a 30-day termination notice. Subtenant claimed that the notice was defective and had been waived by tenant's acceptance of rent after starting the case. The court ruled for subtenant. Subtenant was tenant's client under a contract tenant had with the Office of Health and Mental Health (OHMH). Tenant rented one of the apartment rooms to subtenant, who was a 23-year-old former foster child who remained under the city's care after she turned 21. DSS partially paid subtenant's rent, which tenant received, retained, and deposited after starting the eviction case. Tenant's court papers referred to "program rules," but didn't further describe its relationship with subtenant. Testimony in court showed that subtenant wasn't merely a month-to-month tenant, and the court petition should have described clearly all the programs and agencies involved so that subtenant would understand her rights and defenses. The case was dismissed.
St. Vincent's Services Inc. v. Pitt: Index No. 80278/10, NYLJ No. 1202487375035 (Civ. Ct. Queens; 3/7/11; Pinckney, J)