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144 Misc. 2d 731; 545 N.Y.S.2d 509; 1989 N.Y. Misc. LEXIS 527

Citation
144 Misc. 2d 731; 545 N.Y.S.2d 509; 1989 N.Y. Misc. LEXIS 527
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

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In a recent case, 157 W. 123rd St. Tenants Assn. v Hickson (142 Misc 2d 984 [App Term, 1st Dept, Mar. 15, 1989]), the court held that an in rem building operated by a tenants *737association under the TIL program must give notice of the reasons for eviction because the government was "entwined” with the conduct of the program. In the present case, for at least a period of 10 years, the petitioner must adhere to all the strictures imposed under the City’s regulations, the General Obligations Law, its own charter and its own agreement with the City. In addition, the petitioner must meet the requirements imposed under the Rent Stabilization Code. It is unclear in 157 W. 123rd St. Tenants Assn. v Hickson (supra) whether the building was conveyed to the petitioner or in a transitional stage prior to conveyance of the property, at the time the summary proceeding commenced, but this is insignificant because in the present situation there are enough City regulations in place after conveyance to "entwine” the government so that the grounds for eviction must be stated in the notice to terminate. For this reason alone, the petition at the very least must be dismissed for lack of proper notice. (157 W. 123rd St. Tenants Assn. v Hickson, supra.) But more than this, the respondent is a rent-stabilized tenant in his own right due to the issuance of a lease by petitioner in 1982 which indicated his status as such, requiring a reason for termination.

The petitioner’s motion is denied. Summary judgment is granted to respondent to the extent of finding that respondent is a rent-stabilized tenant entitled to notice of the reasons for his eviction and such notice being deficient, the petition is dismissed.