Landlord Can Evict Tenant to Renovate Apartment, Raise Rent

February 18, 2014

LVT Number: #25338

Landlord sued to evict Section 8 tenant. Tenant asked the court to dismiss the case, claiming that landlord didn't properly terminate his tenancy before starting the eviction proceeding. After a hearing, the court found that a 30-day termination notice was properly delivered to tenant by personal service. Landlord's stated reason for the eviction--that it wanted to renovate the apartment and rerent it at a higher rent--constituted "other good cause" to terminate tenant's lease under 24 CFR 982.310(d)(1)(iv).

Landlord sued to evict Section 8 tenant. Tenant asked the court to dismiss the case, claiming that landlord didn't properly terminate his tenancy before starting the eviction proceeding. After a hearing, the court found that a 30-day termination notice was properly delivered to tenant by personal service. Landlord's stated reason for the eviction--that it wanted to renovate the apartment and rerent it at a higher rent--constituted "other good cause" to terminate tenant's lease under 24 CFR 982.310(d)(1)(iv). While tenant also claimed that landlord was discriminating against her based on her source of income under the Westchester County Fair Housing Law, the court found that the building was exempt from that law. 

35 Ossining LLC v. Thornton: Index No. 13110088, NYLJ No. 1202640083331 (Town Court Ossining; 1/6/14; Fried, J)

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