700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)

Citation: 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
Parent Document: 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-09-03
Original Source: https://www.courtlistener.com/opinion/10689586/700-bklyn-realty-llc-v-latimi/ ↗

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In 2018, landlords served both tenant and NYCHA with a new notice of intent to commence a summary proceeding pursuant to RSC § 2524.4 (c), attaching, as an exhibit, a copy of the 2017 combined notice, and then commenced the instant holdover proceeding. Landlords appeal from an order of the Civil Court (Kevin C. McClanahan, J.) dated May 7, 2019, which granted tenant's motion to dismiss the petition. Landlords argue that it was not necessary to serve the RSC § 2524.2 notice, commonly referred to as a nonrenewal notice when such notice is required by RSC § 2524.4, on NYCHA because such notice does not constitute a Section 8 "owner eviction notice," and that they had satisfied their obligations with respect to Section 8 by serving the RSC § 2524.4 notice of intent to commence a summary proceeding upon NYCHA prior to commencing this proceeding (see RSC § 2524.4 [c]).

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