Termination Notice Didn't Set Forth Sufficient Facts

Landlord sued to evict rent-stabilized tenant for creating a nuisance and illegally subletting his apartment through short-term rentals. Landlord had received a DOB violation notice based on tenant's short-term rentals. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was defective.

The court ruled for tenant. There were no allegations in landlord's papers that tenant advertised the apartment for short-term rental, and no description of observations or conversations that led building staff to conclude that tenant operated the apartment for short-term rental. And DOB issued only one violation. So, landlord's predicate notices set forth no description of any continuing or recurrent course of conduct, and were fatally defective. The case was dismissed.

Broadhurst Willows Apts LLC v. Wooten: Index No. 68866/19, 2021 NY Slip Op 50335(U), NYLJ No. 1618946850 (Civ. Ct. NY; 4/12/21; Sikowitz, J)