Nonrenewal/Termination Notice Mailed to Wrong Address

February 1, 2006

LVT Number: 18637

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants asked the court to dismiss the case. They claimed that landlord delivered the nonrenewal/termination notice improperly. The court ruled for tenants. Landlord mailed copies of the notice to each tenant at the building address, but to the wrong apartment. Landlord also sent a copy of the notice to one tenant at his upstate address, and the post office forwarded it to him there. But this wasn't enough.

Landlord sued to evict rent-stabilized tenants for nonprimary residence. Tenants asked the court to dismiss the case. They claimed that landlord delivered the nonrenewal/termination notice improperly. The court ruled for tenants. Landlord mailed copies of the notice to each tenant at the building address, but to the wrong apartment. Landlord also sent a copy of the notice to one tenant at his upstate address, and the post office forwarded it to him there. But this wasn't enough. Because landlord mailed the notices to the wrong address, service was improper as a matter of law and the court couldn't consider the case.

Regency Towers LLC v. Landou: NYLJ, 1/25/06, p. 19, col. 3 (Civ. Ct. NY; Lebovits, J)

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