Santorini Equities wanted to evict Francisco Picarra because the landlord thought the guy didn't really live in his rent-stabilized unit. (Apparently, the owner thought that Picarra resided in the apartment less than 180 days in a year.)
After the New York County Civil Court found in Santorini's favor, Picarra appealed to the Appellate Term, First Department, which agreed with the outcome.
When the case reached the Appellate Division, First Department, that court was of the view Picarra hadn't received proper notice. The Rent Stabilization Code -- ยงยง 2524.2(c)(2) and 2524.4(c) -- requires a landlord to advise a regulated tenant that a lease will not be renewed no less than 90 and not more than 150 days prior to the agreement's expiration date. Since Santorini failed to inform Picarra of its intentions within that statutory "window period," the AD1 thought the outcome had to be reversed and the proceeding dismissed.
Did the AD1 properly frame the issue?
To view a copy of the Appellate Division's decision, please use this link: Santorini Equities, Inc. v. Picarra