Nonrenewal Notice Contains Incorrect Statement

Facts: Landlord sued to evict religious foundation from rent-stabilized apartment based on nonprimary residence. Tenant's first lease and renewal leases stated that the apartment was to be occupied by a Rev. Jenne, who lived in the apartment with his family. Landlord's nonrenewal notice stated that tenant was a charitable entity, wasn't registered as a charitable foundation in New York, and hadn't paid state taxes. Landlord claimed that tenant therefore couldn't maintain the apartment as a primary residence. Tenant asked the court to dismiss the case without a trial because none of the statements made in landlord's nonrenewal notice were true. Court: Tenant wins. Tenant showed that it was a church incorporated under New York's Religious Corporations Law. Tenant wasn't a charitable foundation and as a church didn't file state tax returns. Tenant was incorporated under New York state law. Since none of the ``facts'' stated in landlord's nonrenewal notice were true, landlord's petition must be dismissed.

Avon Bard Co. v. Aquarian Foundation: NYLJ, p. 27, col. 5 (6/25/97) (Civ. Ct. NY; Malatzky, J)