York City, Respondents.
Civil Court of City of New York, New York County, August 13, 1999
HEADNOTE
Landlord and Tenant — Rent Regulation — 20-Day Notice of Evic-
tion Proceedings — Oer of Substantially Similar Housing Ac-
commodations
The 20-day notice provided for in 28 RCNY 21-23, which a landlord must
supply to a tenant prior to instituting eviction proceedings under the
Neighborhood Redevelopment Program, must apprise the tenant of the avail-
ability of a substantially similar housing accommodation in the building or a
nearby building at the same rent, and inform the tenant that he or she has
20 days to move into such apartment or face eviction proceedings. Thus,
‘‘notices’’ in eviction proceedings which state that the tenant is given 20 days
‘‘to contact management to arrange such relocation and * * * to vacate and
relocate’’ are defective. The statute, however, does not contain the additional
armative obligation that the tenant also contact management within the
limited 20-day period. Further, petitioner's claim that it could not supply a
specic apartment and address in the notice because it must rst meet with
each tenant to ‘‘determine the family size and composition and the rights and
needs’’ is not compelling: the statute does not require consideration of these
factors, only that a ‘‘substantially similar housing accommodation’’ be of-
fered. Accordingly, inasmuch as the notices are insucient, the eviction
proceedings are dismissed.
TOTAL CLIENT-SERVICE LIBRARYL REFERENCES
By the Publisher’s Editorial Sta
Am Jur 2d, Landlord and Tenant, §§ 1007, 1008.
NY Jur 2d, Real Property—Possessory and Related Ac-
tions, §§ 20–22, 50.
ANNOTATION REFERENCE
See ALR Index under Ejectment, Eviction, and Ouster;
Landlord and Tenant.
APPEARANCES OF COUNSEL