Landlord's Lease Nonrenewal Notice Sufficiently Stated Non-Primary Residence Claim

Landlord sued to evict rent-stabilized tenant based on nonprimary residence. Tenant asked the court to dismiss the case, arguing that landlord's nonrenewal notice was insufficient. The court ruled for tenant. Landlord appealed, and the case was reopened. Landlord's nonrenewal notice stated that tenant failed to maintain an "ongoing, substantial, physical nexus with the apartment," that she failed to spend more than 183 days a year at the apartment for the prior two years, that the apartment was so extremely cluttered that no one could live there, and that tenant had told landlord that she needed the apartment for storage purposes while staying with family members. The notice therefore set forth case-specific allegations giving tenant sufficient details to prepare a defense.

Laden Realty Corp. v. Kercy: Index No. 70125/24, 2024 NY Slip Op 51326(U), 83 Misc.3d 138(A)(App. T. 1 Dept.; 9/24/24; Hagler, PJ, Brigantti, TIsch, JJ)