Termination Notice Wasn't Specific Enough

LVT Number: 32974

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case, claiming that the predicate notice was too vague and didn't comply with the requirements of the Rent Stabilization Code. The court ruled for tenant. Landlord's 10-day notice to terminate the tenancy stated that it was based on tenant's "nuisance activities" but didn't set forth the specific statutory authority for termination of the tenancy.

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case, claiming that the predicate notice was too vague and didn't comply with the requirements of the Rent Stabilization Code. The court ruled for tenant. Landlord's 10-day notice to terminate the tenancy stated that it was based on tenant's "nuisance activities" but didn't set forth the specific statutory authority for termination of the tenancy. And the notice only vaguely informed tenant that "the Landlord will commence summary proceedings under the Statute to remove you." The termination notice was legally insufficient, so the case must be dismissed.

 

1409-1415 St. John's Place LLC v. Callendar: Index No. 309237/2022, NYLJ No. 1698649896 (Civ. Ct. Kings; 10/23/23; McClanahan, J)