Termination Notice Wasn't Sent to DHCR

June 30, 2001

LVT Number: 15126

Landlord sued to evict rent-stabilized tenant, claiming that she didn't renew her lease on time. Tenant asked the court to dismiss the case. She said that landlord didn't mail a copy of the termination notice to the DHCR, as required by ETPA rules, didn't send her the renewal notice by certified mail, as required by the ETPA, and that landlord also signed a new lease with tenant and accepted rent payments. The court ruled for tenant and dismissed the case.

Landlord sued to evict rent-stabilized tenant, claiming that she didn't renew her lease on time. Tenant asked the court to dismiss the case. She said that landlord didn't mail a copy of the termination notice to the DHCR, as required by ETPA rules, didn't send her the renewal notice by certified mail, as required by the ETPA, and that landlord also signed a new lease with tenant and accepted rent payments. The court ruled for tenant and dismissed the case. Landlord's failure to send a copy of the termination notice to the DHCR, and its improper delivery of the renewal notice to tenant were fatal defects.

ATM Four LLC v. Ramos: NYLJ, 6/27/01, p. 22, col. 4 (Dist. Ct. Nassau; Reilly, J)

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