Landlord's Lease Nonrenewal Notice Wasn't Specific Enough

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord’s lease nonrenewal notice was too vague to support landlord’s claim. The court ruled for tenant and dismissed the case. Allegations regarding tenant’s absence from the apartment weren’t specific to any time frame, there were no allegations connecting tenant’s absence with the presence of another apartment occupant, no specifics were provided with respect to claimed Internet advertisements to sublet the apartment, advertising for sublet didn’t mean that the apartment had been sublet, and tenant’s alleged subletting of the apartment was only one factor that might indicate that she wasn’t using the apartment as her primary residence. But the court denied tenant’s request for attorney’s fees since dismissal of the case based on insufficiency of the nonrenewal notice wasn’t a ruling on the merits of the case that made tenant a prevailing party.

PR 307 West 93, LLC v. Constantin: 2016 NY Slip Op 26083, 2016 WL 1082684 (Civ. Ct. NY; 3/18/16; Weisberg, J)