Delivery of Termination Notice by Mail Only Is Insufficient

June 30, 2008

LVT Number: #20508

Landlord sued to evict loft tenant for nonprimary residence, in violation of the Loft Law. Tenant asked the court to dismiss the case. Tenant claimed that landlord didn't properly deliver the 30-day termination notice before starting the court case. The court ruled for tenant. Landlord argued that the Rent Stabilization Code required landlord only to mail a copy of the 30-day notice to tenant. But tenant was a month-to-month loft tenant in an interim multiple dwelling protected under the Loft Law. Tenant wasn't yet subject to rent stabilization.

Landlord sued to evict loft tenant for nonprimary residence, in violation of the Loft Law. Tenant asked the court to dismiss the case. Tenant claimed that landlord didn't properly deliver the 30-day termination notice before starting the court case. The court ruled for tenant. Landlord argued that the Rent Stabilization Code required landlord only to mail a copy of the 30-day notice to tenant. But tenant was a month-to-month loft tenant in an interim multiple dwelling protected under the Loft Law. Tenant wasn't yet subject to rent stabilization. Delivery of a termination notice to a month-to-month tenant must comply with Real Property Law Section 232-a. Landlord was required to attempt personal delivery of the notice. If unable to make personal delivery to tenant or a person who could accept the papers at the loft unit, landlord must leave a copy of the notice at the apartment and mail additional copies.

Kiamie-Princess Marion Realty Corp. v. Lipton: NYLJ, 6/4/08, p. 30, col. 1 (Civ. Ct. NY; Kaplan, J)

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