RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)

Citation: RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)
Parent Document: RP Wimbledon Owner, LLC v. Chisholm, 2025 NY Slip Op 25071 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-03-21
Original Source: https://www.courtlistener.com/opinion/10363654/rp-wimbledon-owner-llc-v-chisholm/ ↗

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However, additional requirements are imposed on notices when the termination in question is predicated upon some specific cause. These notices must identify the legal basis for the termination and the supporting facts with a level of particularity "reasonable in view of all attendant circumstances" (Hughes v Lenox Hill Hosp., 226 AD2d 4, 17 [1st Dept 1996], lv dismissed and denied, 90 NY2d 829 [1997]). Reasonableness under this test requires that a notice include sufficient facts to allow the tenant to frame a legal defense and otherwise defend their tenancy (Jewish Theological Seminary of America v Fitzer, 258 AD2d 337, 338 [1st Dept 1999]). While this standard was originally articulated in the context of rent-regulated tenancies, courts have applied it broadly to include those circumstances where cause is required under contract provisions (see Rascoff/Zsyblat Organization, Inc. v Directors Guild of America, Inc., 297 AD2d 241, 242 [1st Dept 2002]), federal due process protections (Jewish Board of Family and Children's Services, Inc. v Sabater, 82 Misc 3d 1241 [A] [Civ Ct, Bx Cnty 2024]), and other statutory provisions (see, e.g., Herzl Realty LLC v Almodovar, 79 Misc 3d 1223 [A] [Civ Ct, Kings Cnty 2023] [notice of termination did not address ERAP protections]). RPL § 215 provides that "[n]o landlord shall [ ] by failure to renew any lease [ ] remove any tenant from" an apartment covered by GCEL "except for good cause[.]" Because this statutory provision requires good cause for the act of non-renewal itself, § 226-c notices for units covered under GCEL must include factual allegations sufficient to satisfy the Hughes reasonableness standard.

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