Eviction Case Dismissed for Defective Termination Notice

November 15, 2012

LVT Number: #24431

Landlord sued to evict Section 8 tenant for violating substantial obligations of her tenancy. Landlord claimed that tenant failed to provide access for repairs or to permit NYCHA inspection. Landlord also claimed that tenant didn't recertify family household income and sign or return a renewal lease. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure and tenancy termination notice were vague and didn't provide enough facts about the claimed violations. The court ruled for tenant and dismissed the case.

Landlord sued to evict Section 8 tenant for violating substantial obligations of her tenancy. Landlord claimed that tenant failed to provide access for repairs or to permit NYCHA inspection. Landlord also claimed that tenant didn't recertify family household income and sign or return a renewal lease. Tenant asked the court to dismiss the case, claiming that landlord's notice to cure and tenancy termination notice were vague and didn't provide enough facts about the claimed violations. The court ruled for tenant and dismissed the case. It was unclear for what period of the 17-year tenancy landlord was claiming noncompliance. Landlord's notices didn't specify dates or which renewals or recertifications weren't signed.

580 East 21st v. Lopez: Index No. 68792/2012, NYLJ No. 1202575097056 (Civ. Ct. Kings; 10/1/12; Lai, J)

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