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PETITIONER LANDLORD sought respondent tenant's eviction on grounds that respondent's apartment was used for illegal narcotics sales. Respondent sought dismissal, arguing that the landlord failed to serve a notice of termination as required by Rent Stabilization Code §2514.2(c)(2). Despite concludin.....

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PETITIONER LANDLORD sought respondent tenant’s eviction on grounds that respondent’s apartment was used for illegal narcotics sales. Respondent sought dismissal, arguing that the landlord failed to serve a notice of termination as required by Rent Stabilization Code §2514.2(c)(2). Despite concluding that the evidence established that respondent tenant knew of the drug business conducted from the apartment, the court granted dismissal because no termination notice had been served. Referring to Murphy v. Relaxation Plus Commodore and New York City Housing Authority v. Harvell, which adopted the rationale and analysis of 2312-2316 Realty Corp. v. Font and Real Property Actions and Proceedings Law §715, the court noted that the general rule that a termination notice is not required to maintain an illegal use proceeding does not apply where a governing regulatory scheme requires pre-eviction notice.

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