Court Incorrectly Found Landlord's Nonrenewal Notice Defective

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant's request to dismiss the case based on defects in landlord's combined notice of lease nonrenewal and termination. Landlord appealed and won. The notice claimed that tenant wasn't occupying the apartment, stated a specific New Mexico address where landlord claimed tenant was "currently living," and alleged that tenant advertised her unit on Airbnb for short-term rentals. Landlord's notice therefore provided sufficient information so that tenant could prepare a defense and otherwise satisfied the requirements of Rent Stabilization Code Section 2524.2(b). Tenant didn't claim that she was misled or confused as to the nature of the eviction proceeding or was prejudiced by the notice in responding to the petition. The case was sent back to housing court for further action.

55 Clinton St., LLC v. Schumacher: 65 Misc.3d 128(A), 2019 NY Slip Op 51530(U) (App. T. 1 Dept.; 9/27/19; Shulman, PJ, Gonzalez, Edmead, JJ)