Not Enough Facts in Nonrenewal Notice

Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant claimed that landlord's termination notice was defective because it didn't set forth enough facts upon which to base a legal claim. Landlord's termination notice claimed only that tenant didn't occupy the apartment as her primary residence, and that tenant was married to a German national and maintained a home in Germany. The court ruled for tenant and dismissed the case. Landlord didn't claim that tenant resided primarily or even occasionally in Germany, was rarely seen at the apartment, had vacated the apartment, or had listed some other address as her primary residence on her voter registration, motor vehicle, or tax return documents. The mere claim that tenant was married to a German national and maintained a home in Germany didn't address the critical question in nonprimary residence cases of whether tenant maintained an ongoing, substantial, physical connection with the apartment for living purposes. Tenant shouldn't be forced to defend against such vague claims.

H.O. Realty Corp. v. Fernandez: NYLJ, p. 27, col. 3 (1/28/98) (Civ. Ct. NY; Acosta, J)