this section. The Notice to Vacate must be in writing, and specify that if Tenant fails to quit the
premises within the applicable period, appropriate court action may be brought against Tenant.
(4)When the Authority is required to offer Tenant the
opportunity for an appeal hearing concerning lease termination, the tenancy shall not terminate
until the period to request a hearing has expired, or (if a hearing is requested) the appeal process
has been completed.
[*5]DECISION
Based upon the above, this Court
dismisses the petition for the reasons that follow.
The letter of February 4, 2008, informed tenant to have her guest vacate immediately or her
lease would be terminated. Both parties agree that Mr. Goodman vacated the very next day on
February 5, 2008. This action complied with the directive of Petitioner and removed the basis for
the eviction of Respondent if she didn't comply.
The alleged criminal activity of Respondent cannot serve as a basis for eviction of
Respondent, because Petitioner didn't comply with the notice provisions of the said lease which
requires that the specific basis be set forth in a notice to Respondent. This Court cannot allow
Respondent to be evicted when Petitioner has failed to comply with the lease provisions
concerning notice. This Court does not condone Respondent's conduct set forth in the transcript
of the hearing dated April 3, 2008, and this conduct could well be a basis for removal in the right
circumstances. However, when no proper termination notice has been given as required by the
lease, Petitioner cannot proceed to evict Respondent.
In One East 8th St. Corp. v. Third Brevoort Corp., 38 AD2d 524, 326 NYS2d 829
(1st Dep't 1971), the court refused to allow the respondent to be evicted where the violation was