Landlord Failed to Specify Lease Provision Violated

April 28, 2020

LVT Number: #30733

Landlord of project-based Section 8 building sued to evict tenant for creating a nuisance, harassing neighbors, stealing packages, making excessive noise, and participating in altercations at the building between 2014 and 2018. In 2018, although not convicted, tenant was arrested at the building and charged with felony assault and use of a weapon. Although somewhat detailed, landlord's 30-day termination notice to tenant didn't state the reasons for the lease termination specifically enough to permit tenant to prepare a defense concerning criminal activity.

Landlord of project-based Section 8 building sued to evict tenant for creating a nuisance, harassing neighbors, stealing packages, making excessive noise, and participating in altercations at the building between 2014 and 2018. In 2018, although not convicted, tenant was arrested at the building and charged with felony assault and use of a weapon. Although somewhat detailed, landlord's 30-day termination notice to tenant didn't state the reasons for the lease termination specifically enough to permit tenant to prepare a defense concerning criminal activity. Landlord neglected to advise tenant, in its default notice, which lease provision was violated and therefore failed to cite any specific prohibition in the lease that had been violated. This violated tenant's due process rights. 

Mitchell Field Senior Citizens Redevelopment Co., LP v. Roy: Index No. LT-003044-19, 2020 NY Slip Op 50353(U)(Dist. Ct. Nassau; 3/16/20; Fairgrieve, J)

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