1983 Nonrenewal Notice Was Stale

May 31, 2003

LVT Number: 16585

Landlord sued to evict rent-stabilized tenant for nonprimary residence in 2001. Landlord had sent tenant a nonrenewal notice in 1983. Tenant's lease wasn't renewed after that, but tenant remained in the apartment while landlord and tenant engaged in extensive litigation over tenant's rent overcharge claim. Tenant claimed that landlord's 1983 nonrenewal notice was stale. Landlord argued that the 1983 nonrenewal notice, in combination with later termination notices, was a proper basis for the primary residence case. The court ruled for tenant and dismissed the case.

Landlord sued to evict rent-stabilized tenant for nonprimary residence in 2001. Landlord had sent tenant a nonrenewal notice in 1983. Tenant's lease wasn't renewed after that, but tenant remained in the apartment while landlord and tenant engaged in extensive litigation over tenant's rent overcharge claim. Tenant claimed that landlord's 1983 nonrenewal notice was stale. Landlord argued that the 1983 nonrenewal notice, in combination with later termination notices, was a proper basis for the primary residence case. The court ruled for tenant and dismissed the case. Landlord's 18-year-old nonrenewal notice was stale. In addition, landlord accepted rent from tenant after termination of the tenancy by the 1983 nonrenewal notice.

Shaw v. Castiglioni-Spalten: NYLJ, 5/14/03, p. 21, col. 6 (Civ. Ct. NY; Hagler, J)

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