Landlord's Nonrenewal Notice Based on Nonprimary Residence Was Sufficient
LVT Number: #33546
Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord asked the court for permission to conduct pretrial questioning, and tenant asked the court to dismiss the case. The court denied landlord's request and granted tenant's cross-motion to dismiss the petition based on deficiencies in the predicate lease nonrenewal notice.
Landlord appealed, and the court reopened the case. Landlord's notice was sufficient and claimed that tenant hadn't maintained an ongoing, substantial, physical nexus to the premises for actual living purposes, that he actually and primarily resided in the Dominican Republic for eight to nine months each year and returned to NYC only occasionally, that one of the tenants used a different specified address for banking, credit reporting, voting, and tax filing purposes, and that another person had been living in the apartment since 2023. The case would be restored to the court calendar, and landlord could re-apply for discovery.
250 Houston Invs. LP v. Collado: Index No. 570584/24, 2025 NY Slip Op 50081(U) (App. T. 1 Dept.; 1/27/25; Hagler, PJ, Brigantti, Tisch, JJ)