Landlord Must Send Long-Term Month-to-Month Tenant 90-Day Termination Notice

Landlord sued to evict tenant and claimed that the apartment was unregulated because it was located in a private home with fewer than six dwelling units and no lease in effect. Landlord started the housing court case after sending tenant a 30-day termination notice in August 2019. The notice stated that it met the requirements of Real Property Law (RPL) Section 232-a. Tenant asked the court to delay the case pending resolution of a Human Rights Commission complaint, and to dismiss the case on other grounds.

The court ruled for tenant for a different reason. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) amended RPL Section 232-a to require a 60-day termination notice if a month-to-month tenant had lived in an apartment for more than one year and less than two years, and a 90-day notice if tenant had lived in the unit for more than two years. This amendment applied to any eviction proceeding commenced on or after Oct. 12, 2019. And, while landlord's 30-day notice was served prior to the amended law's effective date, the proceeding "was commenced" after its effective date. Tenant showed that she had lived in the apartment for more than two years. So a 90-day termination was required before starting the eviction proceeding. The case must be dismissed.

Sukaj Group LLC v. Mallia: Index No. 47685, 2020 NY Slip Op 50218(U) (Civ. Ct. Bronx; 2/13/20; Ibrahim, J)