Tenant Social Service Agency's Eviction Action Against Subtenant Dismissed

Tenant social service agency sued to evict subtenant after his rental agreement expired and he had remained as a month-to-month tenant. Tenant claimed the apartment was exempt from rent regulation under Rent Stabilization Code (RSC) Section 2520.1(1) and that tenant had placed subtenant in occupancy under an occupancy agreement with no fixed term and that his occupancy was contingent upon an affiliation with tenant under the NY State Office of Mental Health's intensive treatment apartment program.

The court dismissed the case, finding that tenant's termination notice failed to provide sufficient detail to enable subtenant to prepare a defense. The court noted that tenant's termination notice was unclear as to the status of a prior case that was based on the same facts as the termination notice in this case. Tenant also had given subtenant a new occupancy agreement while the prior eviction proceeding was pending. This cancelled out the notice stating that subtenant was a month-to-month tenant.

Jewish Bd. of Family & Children Svcs. Inc. v. Bilal: Index No. 9954/2019, 2021 NY Slip Op 21292, NYLJ No. 1641282779 (Civ. Ct. Bronx; 10/28/21; Lutwak, J)