Termination Notice Didn't Mention Housing Authority Hearing

August 31, 1993

LVT Number: 8122

Landlord sued to evict tenant. Tenant claimed that landlord's termination notice and petition didn't state facts upon which the proceeding was based. The termination notice stated that landlord sought eviction because of tenant's nondesirability; tenant had breached specific Housing Authority regulations and chronically paid rent late. But the notice didn't state that the Housing Authority had made an administrative decision to evict tenant for these reasons. This was the true ground for terminating the tenancy.

Landlord sued to evict tenant. Tenant claimed that landlord's termination notice and petition didn't state facts upon which the proceeding was based. The termination notice stated that landlord sought eviction because of tenant's nondesirability; tenant had breached specific Housing Authority regulations and chronically paid rent late. But the notice didn't state that the Housing Authority had made an administrative decision to evict tenant for these reasons. This was the true ground for terminating the tenancy. Landlord's failure to state that an administrative hearing had been held made the petition defective. Landlord's petition was dismissed.

N.Y. City Housing Authority v. Garfinkle: NYLJ, p. 24, col. 2 (8/18/93) (Civ. Ct. Kings; Johnson, J)

Topics

More like this