Landlord Seeks to Recover All Apartments in Building for Owner Occupancy

Landlord sued to evict rent-stabilized tenant for owner occupancy of tenant's apartment. Tenant asked the court to dismiss the case, claiming that landlord's lease nonrenewal notice was insufficient. The court ruled for tenant. Landlord appealed, and the case was reopened. Landlord's nonrenewal notice stated that landlord intended to recover possession of all apartments in the building, in order to convert the five-story, nine-apartment building into a single-family dwelling for herself, her husband, and their two children. The notice set forth in detail the contemplated use of the space on a floor-by-floor basis, reflecting landlord's plan to create a single, integrated structure that would serve as a primary residence for her and her immediate family. The notice also listed landlord's current address. The appeals court found that landlord's notice fully complied with the specificity requirements of Rent Stabilization Code Section 2524.2(b). Additional information, such as the size of landlord's current residence, the feasibility of landlord's proposed renovations, and the status of recovery of other apartments in the building could be explored through a bill of particulars and pre-trial questioning. Landlord's nonrenewal notice didn't need to set forth landlord's trial proof. 

Kim v. Hettinger: 2018 NY Slip Op 50257(U), 2018 WL 1057897 (App. T. 1 Dept.; 2/26/18; Shulman, PJ, Gonzalez, Cooper, JJ)