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 my opinion, landlords met their obligations under the federal regulations. Prior to commencing this action, landlords timely served tenant with a nonrenewal notice specifying the grounds for nonrenewal, followed by a notice of intent to commence a holdover proceeding. Landlords also served NYCHA with the notice of intent to commence proceedings, together with a copy of the nonrenewal notice previously served on tenant. While service of a nonrenewal notice within the statutory time period prior to the expiration of the lease is required as a basis for termination of a tenancy (see RSC § 2524.2 [c] [2]), there is no concomitant requirement, either [*4]statutory or regulatory, that NYCHA likewise be served with a nonrenewal notice within this prescribed period. All that is required under the federal consent decree and regulation is that timely notice of the commencement of an eviction action be served on NYCHA (see 433 W. Assoc. v Murdock, 276 AD2d 360 [2000]). Since that was done here, I see no reason to dismiss the petition.

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