Three-Year Gap Between Notice of Objectionable Conduct and Termination Notice

In 2007, landlord cooperative corporation sued to evict co-op shareholder tenant for objectionable conduct, in violation of her lease. Landlord had sent tenant a notice of objectionable conduct in 2004 based on complaints from a downstairs neighbor about overflowing water, erratic behavior, and noise. Landlord advised tenant in this notice that her conduct violated her proprietary lease. After that, landlord communicated only with tenant’s cousin and her brother in California. During 2005 and 2006, landlord asked these family members to obtain assistance for tenant to prevent action by the co-op. When nothing changed, landlord sent tenant a termination notice and started the eviction case.

The court ruled against landlord and dismissed the case. Under her lease, tenant had a right to be informed of the claims against her and to an opportunity to be heard. Landlord failed to provide this prior to voting to terminate her tenancy. So landlord didn’t reasonable apply the business judgment rule allowed for co-ops. In addition, landlord waited three years from the time it sent tenant notice of her objectionable conduct before sending a termination notice. This made the notice stale and ineffective.

F.T. Apartments Corp. v. Barbara L.: NYLJ, 7/15/09, p. 27, col. 1 (Civ. Ct. NY; Hagler, J)