Written Termination Notice Required

LVT Number: 15165

Landlord sued to evict tenant for illegally using the apartment for drug-related criminal activity. Tenant asked the court to dismiss the case because landlord didn't first send a termination notice. The court ruled for tenant. Landlord appealed and lost. Generally, a termination notice isn't required to evict a tenant for illegal use. But tenant's apartment was governed by federal regulations that required a termination notice in this situation.

Landlord sued to evict tenant for illegally using the apartment for drug-related criminal activity. Tenant asked the court to dismiss the case because landlord didn't first send a termination notice. The court ruled for tenant. Landlord appealed and lost. Generally, a termination notice isn't required to evict a tenant for illegal use. But tenant's apartment was governed by federal regulations that required a termination notice in this situation.

NYCHA v. Harvell: NYLJ, 7/13/01, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)