Landlord's Notice Didn't Give Tenant Due Process

March 24, 2014

LVT Number: #25404

Landlord sued to evict tenant after tenant's lease expired. Landlord's 30-day termination notice merely alleged that tenant was holding over. Tenant asked the court to dismiss the case because the termination notice didn't set forth a good cause basis for tenant's eviction. The court ruled for tenant. Given the extensive entwinement between landlord, a nonprofit housing development fund cooperative corporation, and the City of New York, tenant was entitled to due process.

Landlord sued to evict tenant after tenant's lease expired. Landlord's 30-day termination notice merely alleged that tenant was holding over. Tenant asked the court to dismiss the case because the termination notice didn't set forth a good cause basis for tenant's eviction. The court ruled for tenant. Given the extensive entwinement between landlord, a nonprofit housing development fund cooperative corporation, and the City of New York, tenant was entitled to due process. Landlord's termination notice didn't notify tenant of any claimed cause for eviction and therefore failed to afford tenant due process.

1551 Park Place HDFC v. Flournoy: Index No. 78485/2013, NYLJ No. 1202644228207 (Civ. Ct. Kings; 2/24/14; Scheckowitz, J)

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