30-Day Termination Notice Not Required

April 30, 2005

LVT Number: 18061

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case. She claimed that landlord didn't personally deliver a 30-day termination notice pursuant to RPAPL Section 735 before starting the eviction case. The court ruled against tenant. Landlord sent tenant a combined notice of nonrenewal and termination of tenancy by certified and regular mail during the 90–150-day window period called for under Rent Stabilization Code Section 2524.4(a)(4). Landlord wasn't required to send any additional termination notice.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case. She claimed that landlord didn't personally deliver a 30-day termination notice pursuant to RPAPL Section 735 before starting the eviction case. The court ruled against tenant. Landlord sent tenant a combined notice of nonrenewal and termination of tenancy by certified and regular mail during the 90–150-day window period called for under Rent Stabilization Code Section 2524.4(a)(4). Landlord wasn't required to send any additional termination notice.

Trojan v. Wisniewska: NYLJ, 4/20/05, p. 20, col. 1 (Civ. Ct. Kings; Heymann, J)

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