Nonrenewal Notice Contained Enough Facts

July 31, 1994

LVT Number: 8984

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that the nonrenewal notice was vague. The trial court ruled for tenant, and landlord appealed. Landlord wins. The nonrenewal notice contained enough facts to enable tenant to prepare her defense. The notice alleged that tenant lived in an apartment on 87th St. between First and Second Aves., and only came to landlord's building to collect her mail. This allegation is specific enough to meet the requirements of the Rent Stabilization Code.

Landlord sued to evict tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that the nonrenewal notice was vague. The trial court ruled for tenant, and landlord appealed. Landlord wins. The nonrenewal notice contained enough facts to enable tenant to prepare her defense. The notice alleged that tenant lived in an apartment on 87th St. between First and Second Aves., and only came to landlord's building to collect her mail. This allegation is specific enough to meet the requirements of the Rent Stabilization Code.

90th Realty Co. v. Winter: NYLJ, p. 22, col. 1 (7/28/94) (App. T., 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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