Termination Notice Required for Illegal Use Case

January 1, 2004

LVT Number: 17034

Landlord sued to evict rent-stabilized tenant for illegal use of her apartment. Landlord claimed that tenant knew that a drug business was conducted from her apartment. Tenant asked the court to dismiss the case. She said that landlord didn't send a termination notice before starting the court case. Landlord argued that no termination notice was needed for an illegal use case. The court ruled against landlord and dismissed the case. The Rent Stabilization Code requires sending a termination notice before starting an eviction case.

Landlord sued to evict rent-stabilized tenant for illegal use of her apartment. Landlord claimed that tenant knew that a drug business was conducted from her apartment. Tenant asked the court to dismiss the case. She said that landlord didn't send a termination notice before starting the court case. Landlord argued that no termination notice was needed for an illegal use case. The court ruled against landlord and dismissed the case. The Rent Stabilization Code requires sending a termination notice before starting an eviction case.

NYC Housing & Development LLC v. Arias: NYLJ, 12/3/03, p. 23, col. 1 (Civ. Ct. NY; Bedford, J)

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