New Nonrenewal Notice Required

August 31, 1998

LVT Number: 12605

Landlord sued to evict tenant for nonprimary residence. The case was dismissed for procedural reasons. Landlord then started a new case without sending a new nonrenewal notice to tenant. Tenant claimed that this was improper and that the case should be dismissed. The court ruled for tenant. Several appeals courts have previously ruled that a new nonrenewal notice is required in such cases.

Landlord sued to evict tenant for nonprimary residence. The case was dismissed for procedural reasons. Landlord then started a new case without sending a new nonrenewal notice to tenant. Tenant claimed that this was improper and that the case should be dismissed. The court ruled for tenant. Several appeals courts have previously ruled that a new nonrenewal notice is required in such cases. And since the rent stabilization code requires service of the nonrenewal notice in a nonprimary residence case during the 150-120 days before the lease ends, landlord couldn't send a new nonrenewal notice after tenant's lease ended. The case was dismissed.

Glenbriar Co. v. Nesbitt: NYLJ, p. 24, col. 5 (8/12/98) (Civ. Ct. Bronx; Schneider, J)

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