30-Day Termination Notice Required

Landlord sued to evict apartment occupant after sending her a 10-day notice to quit. Landlord claimed that occupant was tenant's licensee. Occupant claimed that she was a tenant, entitled to a 30-day termination notice before landlord started any eviction case against her. The court ruled against occupant. She appealed and won. Occupant moved into the apartment in 1986, when the city owned the building. At that time, her aunt was tenant. Tenant moved out a few years after that. Occupant paid dues to the building's homestead association since 1989, spent $20,000 and considerable time in sweat equity repairing the apartment and the building's common areas. Given prior landlord's acceptance of her long-term occupancy, occupant became a tenant at will. The case was dismissed because landlord didn't send her a 30-day termination notice.

Uhab HDFC v. Diaz: NYLJ, 12/7/05, p. 22, col. 4 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)