New 90-Day Termination Notice Requirement Applied to Long-Term Tenant

Landlord sued to evict month-to-month tenant after sending a 30-day termination notice, claiming that tenant was unregulated and had no lease. Landlord claimed that the apartment was unregulated because it was located in a private home with fewer than six dwelling units.

The court granted tenant's request to dismiss the case. Tenant moved in under a lease on Feb. 1, 2010, and her last renewal lease expired on Jan. 31, 2018. The Housing Stability and Tenant Protection Act of 2019 (HSTPA) added greater notice requirements before seeking eviction of certain month-to-month tenants. Real Property Law Section 232-a was amended to require a 60-day termination notice if a tenant had been in occupancy for more than a year but less than two years. A 90-day notice was required for occupancies greater than two years. The amended law applied to any proceeding commenced on or after Oct. 12, 2019. While the notice in this case was served before Oct. 12, 2019, the proceeding was commenced after that date. And, since the tenancy was for more than two years, a 90-day termination notice was required. Landlord must send a proper termination notice if it wanted to restart the case.

Sukaj Group LLC v. Mallia: Index No. 47685/2019, 2020 NY Slip Op 50218(U) (Civ. Ct. Bronx; 2/13/20; Ibrahim, J)