Case Type

Holdover-Illegal Use

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

L&T / Index / Case / Docket / Clerk's Number

LT-333301-24/KI

Petitioner

103 Troutman Street LLC

Respondent

Skarly A. Aponte; Tat M. Cheng; John Doe; Jane Doe

Judge

Faleck, Michael A.

Decision/Order Date

2026-08-19

Posture

Pre-Answer Motion by Landlord

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Court sua sponte dismissed illegal use holdover under CPLR 409(b) because predicate notice of termination failed to specify the statute or regulation on which the termination of the rent stabilized tenancy is based, as required by RSC § 2524.2(b). Every notice to vacate must state the ground under RSC § 2524.3 or 2524.4 upon which the owner relies.

Keywords

Illegal Use Holdover Dismissed Because of Defective Predicate Notice of Termination; Notice of Termination Failed to Specify the Statute or Regulation on Which the Purported Termination of a Rent Stabilized Tenancy is Based; RSC § 2524.2(b)

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