Rochdale Vil., Inc. v. Hallerdin-Grant, 2024 NY Slip Op 24192 (2024)

Even if it may no longer evict Respondent for failing to submit the 2019-2022 income affidavits, Petitioner argues it has separately stated a claim under 9 NYCRR §§ 1727-5.3[a][7]), which is referenced in the predicate notices and authorizes termination where a cooperator has "willfully misrepresented or concealed any material fact which would affect eligibility for admission or continued occupancy or rent or maintenance charges to be paid." Unlike the failure to provide income affidavits, a willful misrepresentation is not curable (see 9 NYCRR §§ 1727-5.3[b][1]). Fatal to this cause of action, however, is the absence of any corresponding factual allegations addressing any willful misrepresentation or concealment. DHCR regulations require a landlord not only to state the ground for eviction in the termination notice, but also "the facts supporting such ground " (9 NYCRR §§ 1727-5.3[b][2]). Given this statutory mandate, a termination notice must contain more than "unparticularized allegations [that are] too generic and conclusory to enable tenant to prepare a defense and otherwise satisfy the specificity requirement" of the statutory scheme (69 E.M. LLC v Mejia, 49 Misc 3d 152[A] [App Term, 1st Dept 2015]; 888 E. 96th St., LLC v Hargrove, 61 Misc 3d 137[A] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2018]; London Terrace Gardens, L.P. v Heller, 40 Misc 3d 135[A] [App Term, 1st Dept 2009]).