Landlord's Nonrenewal Notice Specific Enough

April 9, 2007

LVT Number: 19421

Landlord sued to evict rent-stabilized tenant to recover apartment for her own use. Tenant asked the court to dismiss the case. Tenant claimed that landlord's lease nonrenewal notice didn't sufficiently state what landlord's intent was. The court dismissed the case. Landlord appealed and won. Landlord's notice stated that she had decided to ``assume occupancy'' of tenant's apartment as her primary residence in New York City. The notice also stated that landlord already had her furniture in the building basement and planned to move into tenant's apartment as soon as possible.

Landlord sued to evict rent-stabilized tenant to recover apartment for her own use. Tenant asked the court to dismiss the case. Tenant claimed that landlord's lease nonrenewal notice didn't sufficiently state what landlord's intent was. The court dismissed the case. Landlord appealed and won. Landlord's notice stated that she had decided to ``assume occupancy'' of tenant's apartment as her primary residence in New York City. The notice also stated that landlord already had her furniture in the building basement and planned to move into tenant's apartment as soon as possible. Landlord's notice was specific enough. The court sent the case back to the lower court for trial.

Peng v. Van Zandt: NYLJ, 2/26/07, p. 31, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)

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