Eviction Case Against Shareholder Tenant Was Brought in Bad Faith

June 26, 2020

LVT Number: #30847

Landlord co-op board sued to evict shareholder tenant's proprietary lease after finding that tenant created a nuisance or objectionable conduct by using the apartment for short-term sublet rentals. The court granted tenant's request to dismiss the case. The co-op's hearing minutes didn't recite facts considered by the board in making its decision to terminate the tenancy. So landlord's termination notice was insufficient to apprise tenant of its claimed allegations, and therefore fatally defective.

Landlord co-op board sued to evict shareholder tenant's proprietary lease after finding that tenant created a nuisance or objectionable conduct by using the apartment for short-term sublet rentals. The court granted tenant's request to dismiss the case. The co-op's hearing minutes didn't recite facts considered by the board in making its decision to terminate the tenancy. So landlord's termination notice was insufficient to apprise tenant of its claimed allegations, and therefore fatally defective. The co-op board also acted outside the scope of its authority and therefore acted in bad faith.

Clinton 510 Owners HDFC Inc. v. DiPietro: Index No. 58231/19, NYLJ No. 1588581464 (Civ. Ct. NY; 4/10/20; Thermos, J)

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