Landlord Sent Proper Termination Notice to Section 8 Tenant

December 1, 2002

LVT Number: 16264

Landlord sued to evict Section 8 tenant. Tenant asked the court to dismiss the case because the court papers didn't state that tenant was rent stabilized and because the termination notice wasn't sent in the manner required by the lease. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. The court papers should have stated that Section 8 tenant was subject to rent stabilization. But this defect didn't mean the case had to be dismissed. Landlord could amend the court papers to properly state tenant's rent regulatory status.

Landlord sued to evict Section 8 tenant. Tenant asked the court to dismiss the case because the court papers didn't state that tenant was rent stabilized and because the termination notice wasn't sent in the manner required by the lease. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. The court papers should have stated that Section 8 tenant was subject to rent stabilization. But this defect didn't mean the case had to be dismissed. Landlord could amend the court papers to properly state tenant's rent regulatory status. Landlord also properly sent the termination notice. The Section 8 lease expired by its own terms before landlord started the court case, so it didn't matter how the notice was sent.

17th Holding LLC v. Rivera: NYLJ, 11/29/02, p. 24, col. 5 (App. T.2 Dept.; Pesce, PJ, Patterson, Golia, JJ)

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