Landlord Didn't Sufficiently State in Termination Notice Why Apartment Needed

Landlord sued to evict rent-stabilized tenant in order to recover apartment for his own use. Tenant asked the court to dismiss the case, claiming that the termination notice was insufficient and defective, and that it was served more than 150 days before expiration of the lease term. Tenant argued that landlord's notice failed to state any specific facts concerning the owner's use claim. The court agreed with tenant and dismissed the case. Aside from alleging that the apartment was needed for "an immediate and compelling necessity for landlord's own personal use and occupancy as her primary residence," landlord's termination notice contained no particulars. The notice listed no reasons why landlord needed to move into the apartment.

Koti v. Vasquez: Index No. L&T 316254, 2024 NY Slip Op 31603(U)(Civ. Ct. Kings; 5/8/24; Poley, J)