Nonrenewal Notice Defective

Landlord sued to evict tenant to recover the apartment for his own use. The trial court dismissed landlord's petition, finding that landlord's termination notice wasn't specific enough. Landlord appealed. The appeals court ruled against landlord. Landlord's notice simply stated that he didn't intend to renew tenant's lease because landlord intended to occupy the apartment ''for landlord's personal use and occupancy as landlord's primary residence in the City of New York, and for the use and occupancy of landlord's wife and daughter as their primary residence in the City of New York.'' No more facts were stated. Under the Rent Stabilization Code, more specific facts are needed to establish whether landlord had the grounds to evict tenant. Therefore landlord's notice was defective.

Numano v. Vicario: NYLJ, p. 25, col. 2 (6/28/95) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)