Landlord's Termination Notice Sufficiently Described Apartment Conditions

Landlord sued to evict  rent-stabilized tenant for creating a nuisance. Tenant claimed that landlord’s termination notice was defective and asked the court to dismiss the case. The court ruled against tenant, who appealed and lost. Landlord’s notice stated that tenant maintained the apartment in an extremely cluttered and unhygienic condition, with empty food cans, refuse, and other unidentifiable items completely covering most of the flat surfaces and floors, and piled several feet high throughout the apartment. The notice also claimed that tenant had continually harbored wild animals, including squirrels and rats, and that a moth infestation spread from tenant’s apartment to other apartments in the building. Landlord’s notice sufficiently described a course of conduct that constituted a nuisance and that violated Rent Stabilization Code Section 2524.3(b). The termination notice also was properly signed by landlord’s managing agent, who was well known to tenant based on previous dealings and who was permitted by the lease to give notice to tenant.

Courtney House LLC v. Goetz: 51 Misc.3d 146(A), 2016 NY Slip Op 50751(U) (App. T. 1 Dept.; 5/12/16; Lowe III, PJ, Hunter Jr., Ling-Cohan, JJ)