Proper Notice Not Given to Nonpetitioning Tenants in 7A Proceeding

June 30, 2002

LVT Number: 15945

One third of tenants in a garden apartment housing complex sued landlord, seeking the appointment of a 7A administrator to manage their complex. Landlord asked the court to dismiss the case. Landlord claimed that tenants didn't give proper notice of the proceeding to nonpetitioning tenants. The court ruled for landlord and dismissed the case. Tenants appealed and lost. The law requires that conspicuous notice of a 7A proceeding be given to all tenants. Tenants had placed one copy of the petition outside the management office door of the complex. This wasn't enough.

One third of tenants in a garden apartment housing complex sued landlord, seeking the appointment of a 7A administrator to manage their complex. Landlord asked the court to dismiss the case. Landlord claimed that tenants didn't give proper notice of the proceeding to nonpetitioning tenants. The court ruled for landlord and dismissed the case. Tenants appealed and lost. The law requires that conspicuous notice of a 7A proceeding be given to all tenants. Tenants had placed one copy of the petition outside the management office door of the complex. This wasn't enough. There were 175 entrance doors and 300-400 apartments in the complex.

Matthews v. Marcus Garvey Brownstone Houses Inc.: NYLJ, 6/13/02, p. 24, col. 2 (App. T.2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)

Topics

More like this