Landlord Didn't Send Nonrenewal Notice to Tenant's Wife

Facts: Tenants (a husband and wife) moved into a rent-stabilized apartment in 1974. Both signed renewal leases until 1988. That year, only the husband signed the renewal. In late 1991, landlord served the husband with a notice of nonrenewal based on nonprimary residence. Tenant didn't move out at the end of his lease term in January 1992, and landlord sued to evict. Tenant asked the court to dismiss the case because landlord didn't serve a nonrenewal notice on his wife or name her in the notice sent to husband. Court: The Rent Stabilization Code states that in primary residence cases landlord must send a nonrenewal notice to the tenant named in the expiring lease between 150 and 120 days before the last lease runs out. Another Code section defines ``tenant'' as any person or persons named on the lease or rental agreement. Since only the husband had signed the last renewal lease, landlord was only required to name and serve the husband with the nonrenewal notice.

Katz Park Avenue Corp. v. Doe: NYLJ, p. 27, col. 3 (6/23/93) (Civ. Ct. NY; Stallman, J)