Landlord Didn't Send "Good Cause" Notice

October 10, 2012

LVT Number: #24402

Landlord of HUD housing sued to evict tenants of three adjacent apartments for material noncompliance with their leases. Landlord claimed that tenants unjustifiably refused to sign renewal leases offered by landlord. The court ruled for landlord. Tenants appealed and won. Under applicable HUD regulations, landlord can't terminate any tenancy in this subsidized project unless landlord first gives tenants prior notice that refusal to cure would subsequently be deemed good cause for tenancy termination.

Landlord of HUD housing sued to evict tenants of three adjacent apartments for material noncompliance with their leases. Landlord claimed that tenants unjustifiably refused to sign renewal leases offered by landlord. The court ruled for landlord. Tenants appealed and won. Under applicable HUD regulations, landlord can't terminate any tenancy in this subsidized project unless landlord first gives tenants prior notice that refusal to cure would subsequently be deemed good cause for tenancy termination. Since landlord didn't comply with this notice and failed to send tenants any good cause notice, the case must be dismissed. The fact that landlord sent tenants a single email about their lease nonrenewals didn't meet HUD regulation requirements for good cause notice.

Westbeth Corp. HDFC, Inc. v. Ramscale Productions: NYLJ, 9/13/12, p. 24, col. 3 (App. T. 1 Dept; Torres, JP, Shulman, Hunter Jr., JJ)

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