Landlord Sufficiently Explained Need for Tenant's Apartment

April 30, 2009

LVT Number: #21218

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case, claiming that landlord's nonrenewal notice wasn't specific enough. The court and appeals court ruled against tenant. Landlord's notice advised tenant that landlord, husband and wife, currently lived in portions of the first three floors of the building, that they intended to expand their living space to include tenant's second-floor apartment as part of their residence, and that they needed this additional space for use as their primary residence.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case, claiming that landlord's nonrenewal notice wasn't specific enough. The court and appeals court ruled against tenant. Landlord's notice advised tenant that landlord, husband and wife, currently lived in portions of the first three floors of the building, that they intended to expand their living space to include tenant's second-floor apartment as part of their residence, and that they needed this additional space for use as their primary residence. The notice was sufficient and wasn't made invalid by language suggesting that landlord's expanded residence would, in part, be used by their visiting family members.

Mayeri v. Pennacchini: NYLJ, 4/29/09, p. 37, col. 1 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, JJ)

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