Nonrenewal Lease Notice States Sufficient Facts

July 31, 2010

LVT Number: #22829

Landlords sued to evict rent-stabilized tenant to recover apartment for owner-occupancy. Tenant asked the court to dismiss the case. She claimed landlords' nonrenewal notice was defective because it failed to specify which landlord sought her apartment. The court ruled against tenant. The building was owned by John, Jan, and Arusha Shimko. The nonrenewal notice stated that the owner who sought the apartment was a senior citizen who currently lived in Apartment 2A in the building with the building super.

Landlords sued to evict rent-stabilized tenant to recover apartment for owner-occupancy. Tenant asked the court to dismiss the case. She claimed landlords' nonrenewal notice was defective because it failed to specify which landlord sought her apartment. The court ruled against tenant. The building was owned by John, Jan, and Arusha Shimko. The nonrenewal notice stated that the owner who sought the apartment was a senior citizen who currently lived in Apartment 2A in the building with the building super. It was unlikely, as tenant claimed, that she had lived in the building for 20 years and didn't know who this was. The nonrenewal notice also otherwise complied with RSC Section 2524.2(b) and gave tenant enough notice of the facts of landlords' claim.

Shimko v. Chao: 28 Misc.3d 1212(A), 2010 NY Slip Op 51301(U), 2010 WL 2891191 (7/26/10)(Civ. Ct. NY; Lebovits, J)

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