Landlord Can't Use Old Nonrenewal Notice

Facts: Landlord sent a combined nonrenewal and termination notice to rent-stabilized tenant in 1995 and then sued to evict tenant based on nonprimary residence. Landlord asked for permission to conduct pretrial questioning. The court ruled against landlord. In the meantime, the DRA ruled for tenant in response to tenant's complaint that landlord didn't renew tenant's lease. The DRA's ruling was based on its mistaken belief that the court order denying pretrial questioning ended the court case. Landlord appealed the DRA's decision. No action was taken in the court case until the DHCR decided landlord's PAR, ruling for landlord. Landlord then sought to restore the nonprimary residence case to the court calendar. The court dismissed the case based on landlord's delay. Landlord then started a new eviction case after sending a new termination notice to tenant, but no new nonrenewal notice. Tenant asked the court to dismiss the case. Court: Tenant wins. It would be unfair to let landlord use the old nonrenewal notice as the basis for a new eviction action based on nonprimary residence. The old nonrenewal notice had been sent more than five years earlier.

South Shore Estates, Inc. v. Olsen: NYLJ, 3/14/01, p. 20, col. 3 (Civ. Ct. NY; Hagler, J)