Nonrenewal Notice Contained Enough Facts

(Decision submitted by Sabrina B. Kraus of the Manhattan law firm of Borah, Goldstein, Altschuler, Schwartz & Nahins, PC, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Tenant claimed that landlord's lease nonrenewal notice was defective because it didn't contain enough facts. Tenant asked the court to dismiss the case for this reason. The court ruled against tenant. By law, landlord's notice must state the reason for refusing to renew the lease, the facts needed to prove the existence of the reason, and the date tenant is required to vacate. Landlord's notice properly stated that he wanted the apartment for owner occupancy, gave the lease termination date, and specifically stated that landlord and his wife lived in the building as their primary residence and family home. The notice also stated that they intended to use tenant's apartment as an addition to their space, and that it was the only unit over which they could build another level to the building to create a penthouse duplex and adjoining roof deck.

Carpignano v. Wasserman: L&T Index No. 94466/01 (Civ. Ct. NY 4/24/02; Milin, J) [10-pg. doc.]