Landlord's Nonrenewal Notice Was Sufficient

January 11, 2012

LVT Number: #23848

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord's lease nonrenewal notice was defective because it didn't state enough facts upon which landlord based its claim. The court ruled for tenant and dismissed the case. Landlord appealed and won. Landlord's notice claimed that tenant lived at a specific address in Clarence, N.Y., and listed a phone number for that address. The notice also stated that landlord's employees had seen tenant at the apartment building only once a month for less than a week each time.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord's lease nonrenewal notice was defective because it didn't state enough facts upon which landlord based its claim. The court ruled for tenant and dismissed the case. Landlord appealed and won. Landlord's notice claimed that tenant lived at a specific address in Clarence, N.Y., and listed a phone number for that address. The notice also stated that landlord's employees had seen tenant at the apartment building only once a month for less than a week each time. These facts gave tenant sufficient notice of the grounds for landlord's claim of nonprimary residence. The case was reinstated.

Second 82nd Corp. v. Veiders: NYLJ, 12/28/11, p. 18, col. 1 (App. T. 1 Dept.; Shulman, JP, Hunter Jr., Torres, JJ)

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