142 Misc. 2d 978 | N.Y. Sup. Ct. | 1989
OPINION OF THE COURT
Order entered November 11, 1987 affirmed, with $10 costs.
This is a holdover proceeding to evict a rent-controlled tenant upon the ground of nonprimary residence. Landlord’s 30-day notice of termination recited that termination of the tenancy "results from the fact that you do not use the prem
We affirm. Section 2204.3 of the New York City Rent and Eviction Regulations (9 NYCRR), applicable generally to actions which seek eviction of controlled tenants by court process, should be deemed applicable in nonprimary residence proceedings brought in "a court of competent jurisdiction” (New York City Rent and Rehabilitation Law, Administrative Code of City of New York § 26-403 [e] [2] [i] [10]). In consequence, landlord was required to state in its termination notice the ground for removal or eviction of the tenant, as well as "the facts necessary to establish the existence of such ground” (9 NYCRR 2204.3 [b]).
This construction harmonizes with the procedural rules in place for like proceedings brought under Rent Stabilization Code § 2524.2 (b).