Landlord Must Start Eviction Proceeding First

October 10, 2012

LVT Number: #24387

Landlord sued rent-controlled tenant, claiming that tenant violated certain rent control law provisions for failing to provide apartment access. Landlord also asked the court to order tenant to provide access so that landlord could amend the building’s Certificate of Occupancy with DOB. The court granted tenant’s request to dismiss the case. Landlord was attempting to get a court declaration that it was entitled to evict tenant.

Landlord sued rent-controlled tenant, claiming that tenant violated certain rent control law provisions for failing to provide apartment access. Landlord also asked the court to order tenant to provide access so that landlord could amend the building’s Certificate of Occupancy with DOB. The court granted tenant’s request to dismiss the case. Landlord was attempting to get a court declaration that it was entitled to evict tenant. But until landlord sent tenant a proper predicate notice and started an eviction proceeding in housing court, it was premature to seek relief from Supreme Court. The case was dismissed.

317 W. 89th St. LLC v. Engstrom: Index No. 111136/2011, NYLJ No. 1202572202444 (Sup. Ct. NY; 8/21/12; Mendez, J)

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