Landlord Must Send Tenant 20-Day Notice Under HPD Program

May 31, 2007

LVT Number: 19654

Landlord sued to evict elderly tenant after landlord bought the building from HPD's Neighborhood Homes Program. Tenant asked the court to dismiss the case. She claimed landlord didn't send proper notice before starting the eviction proceeding. The court ruled for tenant. Under 28 RCNY Section 21-23, landlord was required to send tenant a 20-day notice to move to a substantially similar apartment so that landlord could do reconstruction and renovation work at the building. Since landlord didn't send this notice, the proceeding must be dismissed.

Landlord sued to evict elderly tenant after landlord bought the building from HPD's Neighborhood Homes Program. Tenant asked the court to dismiss the case. She claimed landlord didn't send proper notice before starting the eviction proceeding. The court ruled for tenant. Under 28 RCNY Section 21-23, landlord was required to send tenant a 20-day notice to move to a substantially similar apartment so that landlord could do reconstruction and renovation work at the building. Since landlord didn't send this notice, the proceeding must be dismissed.

Saunders Homes HDFC v. Lamar: NYLJ, 5/30/07, p. 20, col. 1 (Civ. Ct. Kings; Chin, J)

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