Nonrenewal Notice Must State Correct Person for Whom Apartment Sought

April 1, 2002

LVT Number: 15716

Landlord sued to evict rent-stabilized tenant to recover the apartment for his own use. Landlord's nonrenewal notice and petition stated that landlord needed the apartment for himself. But on the first scheduled trial date, landlord told the court he actually needed the apartment for his son. The court dismissed the case. The nonrenewal notice must state the correct person for whom landlord seeks the apartment. Otherwise, tenant can't properly prepare to argue about whether landlords claim is made in good faith.

Landlord sued to evict rent-stabilized tenant to recover the apartment for his own use. Landlord's nonrenewal notice and petition stated that landlord needed the apartment for himself. But on the first scheduled trial date, landlord told the court he actually needed the apartment for his son. The court dismissed the case. The nonrenewal notice must state the correct person for whom landlord seeks the apartment. Otherwise, tenant can't properly prepare to argue about whether landlords claim is made in good faith.

Nicolosi v. Rodriguez: NYLJ, 3/6/02, p. 21, col. 3 (Civ. Ct. Queens; Franke, J)

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