Termination Notice for Subsidized Apartment Defective

February 1, 1994

LVT Number: 8569

Orange County landlord sued to evict subsidized tenant. The trial court ruled for landlord, and tenant appealed. The appeals court reversed and dismissed landlord's petition. Under federal regulations, lease expiration isn't sufficient grounds for eviction. A notice terminating tenancy for good cause must be specific and inform tenant that he may present a defense. Tenant must also get prior notice that his conduct will constitute a basis for lease termination. Here, the 30-day notice terminating the tenancy was based only on the expiration of the lease term.

Orange County landlord sued to evict subsidized tenant. The trial court ruled for landlord, and tenant appealed. The appeals court reversed and dismissed landlord's petition. Under federal regulations, lease expiration isn't sufficient grounds for eviction. A notice terminating tenancy for good cause must be specific and inform tenant that he may present a defense. Tenant must also get prior notice that his conduct will constitute a basis for lease termination. Here, the 30-day notice terminating the tenancy was based only on the expiration of the lease term. Landlord stated no other reason for eviction.

Kent Mgt. Corp. v. Gitto: NYLJ, p. 29, col. 2 (1/7/94) (App. T. 2 Dept.; DiPaola, PJ, Ingrassia, Luciano, JJ)

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