Renewal Notice Sent Too Early

Facts: Landlord sued to evict rent-stabilized tenant to get the apartment for landlord's own use. Landlord mailed tenant a non-renewal notice on April 22, 1991, which tenant received two days later. Tenant's lease didn't expire until September 30, 1991. Tenant claimed that landlord's notice was improper. Court: Tenant wins. Rent Stabilization Code Section 2524.4(a)(4) states that in order for landlord to recover possession on the ground of owner occupancy, landlord must send tenant a non-renewal notice ``at least 120 and not more than 150 days prior to the expiration of the lease term[.]'' Landlord's notice was sent too far in advance of the 120-150 day window period which, in this case, ran from May 3, 1991, to June 2, 1991. Landlord's petition was dismissed.

[Nalbandian v. Kelley: NYLJ, p. 28, col. 1 (12/30/92) (Civ. Ct. N.Y.; Kapnick, J)].