Landlord Didn't Send 90-Day Termination Notice After Foreclosure
LVT Number: #27033
Landlord sued to evict condominium unit tenant after a foreclosure on the unit and service of a 10-day termination notice. The court ruled for landlord after tenant failed to appear in court and, after several stays, tenant was evicted. Tenant then asked the court to be restored to possession because landlord never sent him a 90-day notice to quit before starting the eviction proceeding. The court ruled for tenant. Previously tenant didn't have an attorney, and the federal Protecting Tenants at Foreclosure Act (PTFA) required the 90-day notice to quit be given when a federally related loan was foreclosure. Real Property Actions and Proceedings Law Section 1305 also provided additional protection for tenants over and above the federal law. Since landlord failed to comply with the laws, tenant was restored to possession, and the case was dismissed.
Sun v. Capies: Index No. 73891/15, NYLJ No. 1202756466562 (Civ. Ct. Kings; 4/15/16; Rodriguez, J)