Judge Marcia Sikowitz
Landlord commenced an owner’s use holdover against respondents to recover possession of the subject rent stabilized apartment. He claimed his immediate family—his brother and family—sought a larger space than their current residence. Tenant argued it was unreasonable for landlord to move his brother’s 11 person household into her 556-square-foot apartment as same would create an immediate overcrowding situation, causing a dangerous and illegal condition. Landlord claimed he sought eviction for nonpayment of another tenant in an adjacent apartment, arguing he would combine the two apartments providing sufficient room for his brother’s family. The court stated landlord, for the first time in his opposition, asserted that for his brother and family to move into Mendez’s apartment, his intent was to recover the contiguous next door apartment and combine both units into one. It stated the underlying notice of non-renewal failed to mention any of these facts, ruling landlord could not amend the nonrenewal predicate notice. The court stated as the underlying nonrenewal notice failed to set forth owner’s intention to recover the subject apartment as part of a plan to combine it with another, it was insufficient, granting dismissal.
