Eviction Case Against ETPA Tenant Without Stated Grounds Was Dismissed

March 28, 2022

LVT Number: #31903

Landlord sued to evict rent-stabilized tenant after serving a 30-day termination notice. The court granted tenant's request to dismiss the case. Landlord failed to cite in its petition any of grounds acceptable for terminating the ETPA tenancy under the Emergency Tenant Protection Regulations, and didn't city any ETPA regulations in the termination notice. Landlord's failure to allege good cause to terminate the lease and failure to offer a lease renewal must result in dismissal.

Landlord sued to evict rent-stabilized tenant after serving a 30-day termination notice. The court granted tenant's request to dismiss the case. Landlord failed to cite in its petition any of grounds acceptable for terminating the ETPA tenancy under the Emergency Tenant Protection Regulations, and didn't city any ETPA regulations in the termination notice. Landlord's failure to allege good cause to terminate the lease and failure to offer a lease renewal must result in dismissal. When tenant's lease expired, landlord was required to offer her a renewal lease on the same terms and conditions as the expired lease. 

Umar Estate St. Joseph LLC v. Pacheco: Index No. LT-1794-20, NYLJ No. 1645512850 (City Ct. Westchester; 2/9/22; Inlaw, J)

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