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
Other Sections in This Document (19)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
- 700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
Full Text
1,201 charsBecause this is a Section 8 tenancy, landlords were required to give NYCHA "a copy of any owner eviction notice to the tenant" (24 CFR 982.310 [e] [2] [ii]). An "owner eviction notice" is {**73 Misc 3d at 14}defined to include a "notice to vacate" (24 CFR 982.310 [e] [2] [i]). The notice required by RSC § 2524.2 (c) (2) is a "notice to a tenant to vacate or surrender possession of a housing accommodation" (RSC § 2524.2 [b]), and therefore, contrary to landlords' argument, it is an "owner eviction notice." While landlords attached a copy of the 2017 combined notice to their 2018 notice of intent to commence a summary proceeding, which they served on NYCHA, there is no basis to hold that service upon NYCHA of an "owner eviction notice" need not be made in accordance with the time provisions for service of such notice upon the tenant, set forth as relevant here in RSC § 2524.2 (c). Thus, since landlords did not serve the 2017 RSC § 2524.2 nonrenewal notice on NYCHA within the statutory period prior to the expiration of the lease, the petition was properly dismissed (see Nachajski v Siwiec, 55 Misc 3d 133[A], 2017 NY Slip Op 50438[U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2017]).