Nonrenewal Notice Didn't Give Enough Facts

February 1, 2003

LVT Number: 16393

Landlord sued to evict rent-stabilized tenant for owner occupancy purposes. Tenant asked the court to dismiss the case. He claimed that landlord's nonrenewal notice didn't contain enough facts. The court ruled against tenant. Tenant appealed and won. Landlord's notice stated merely that the landlord was terminating the tenancy on the grounds that landlord's daughter and her husband intended to move into the apartment and use it as their primary residence. Landlord's notice merely tracked the language of the law and didn't provide facts specific to landlord's situation.

Landlord sued to evict rent-stabilized tenant for owner occupancy purposes. Tenant asked the court to dismiss the case. He claimed that landlord's nonrenewal notice didn't contain enough facts. The court ruled against tenant. Tenant appealed and won. Landlord's notice stated merely that the landlord was terminating the tenancy on the grounds that landlord's daughter and her husband intended to move into the apartment and use it as their primary residence. Landlord's notice merely tracked the language of the law and didn't provide facts specific to landlord's situation.

Nahum v. Goldschmidt: NYLJ, 1/17/03, p. 18, col. 2 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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