Lease Nonrenewal Notice Didn't State Sufficient Facts

April 7, 2012

LVT Number: #23998

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant claimed that landlord's lease nonrenewal notice was inadequate and asked the court to dismiss the case. Landlord argued that tenant couldn't raise this claim because the DHCR had dismissed tenant's lease nonrenewal complaint. The court ruled for tenant. Rent Stabilization Code Section 2524(b) required landlord to set forth in the nonrenewal notice facts necessary to support his claim. The DHCR order didn't rule on the legal sufficiency of the contents of the nonrenewal notice.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant claimed that landlord's lease nonrenewal notice was inadequate and asked the court to dismiss the case. Landlord argued that tenant couldn't raise this claim because the DHCR had dismissed tenant's lease nonrenewal complaint. The court ruled for tenant. Rent Stabilization Code Section 2524(b) required landlord to set forth in the nonrenewal notice facts necessary to support his claim. The DHCR order didn't rule on the legal sufficiency of the contents of the nonrenewal notice. The "bare bones" notice didn't contain enough facts. And the notice didn't include a date by which tenant must vacate. This was a fatal defect.

Pancham v. Delgado: Index No. 69574/11, NYLJ No. 1202545579301 (Civ. Ct. Kings; 2/17/12; Milin, J)

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