Landlord's Notices Were Insufficient and Improperly Served

Landlord sued to evict rent-controlled tenant, who failed to appear in court. Landlord claimed that tenant didn't provide access to the apartment on three separate occasions and created conditions that were a threat both to tenant and to other building residents. The court conducted an inquest and ruled against landlord. The court found that landlord's proof of delivery of its notices to tenant was insufficient. In addition, landlord referred to tenant's lease in its notices requesting apartment access but cited no specific lease provision and presented no lease at the inquest. Landlord also failed to state the reason access was requested in its letters to tenant and improperly served insufficient notices to cure and terminate, which failed to state how exactly tenant created a threat. And  landlord had failed to obtain a certificate of eviction from the DHCR before proceeding against tenant. 

308 Hull, LLC v. Castellani: Index No. L&T71625/2012, NYLJ No. 1202603559994 (Civ. Ct. Bronx; 6/12/13; Avery, J)