Termination Notice Required in Illegal Use Case

August 31, 2000

LVT Number: 14351

Landlord sued to evict tenant for using the apartment for illegal drug activity. Tenant asked the court to dismiss the case, claiming that landlord didn't deliver a termination notice. Landlord argued that it wasn't required to deliver a termination notice in this kind of case. The court ruled for tenant and dismissed the case. Although the Real Property Actions and Proceedings Law didn't require a termination notice in this type of case, federal law did require it.

Landlord sued to evict tenant for using the apartment for illegal drug activity. Tenant asked the court to dismiss the case, claiming that landlord didn't deliver a termination notice. Landlord argued that it wasn't required to deliver a termination notice in this kind of case. The court ruled for tenant and dismissed the case. Although the Real Property Actions and Proceedings Law didn't require a termination notice in this type of case, federal law did require it.

NYCHA v. Harvell: NYLJ, 8/2/00, p. 28, col. 3 (Civ. Ct. Bronx; Turner, J)

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