30 DAY NOTICE OF TERMINATION
26 Bond Street, Apt 1F
New York, NY 10012 August 11, 2014
Attn: Ruth Baumann,
PLEASE TAKE NOTICE that this 30 day notice of termination is being sent to you pursuant to RCNY Title 29 § 2-08.1(a)(1) and in accordance with Mazda Realty Associates v. Green 723 N.Y.S.2d 812 (2000) to terminate your month-to-month tenancy on the grounds that you have been a continuing nuisance within 26 Bond Street over the years, which has substantially affected the use and enjoyment of the property by the landlord and the owner. And your repeated failure to provide access constitutes a breach of a substantial obligation of your lease and the Multiple Dwelling Law.
On or about August 1, 2014, you also violated Judge Rakower’s Order dated September 4, 2012 when you failed to provide the landlord with reasonable access to perform legalization work within Unit 1F as required under the Loft Board approved narrative statement, the Dept. of Building’s approved plans and the DOB work permit dated July 3, 2014 and No. 1000499925-01-AL. And pursuant to 7-C of the Multiple Dwelling Law (MDL). In Judge Rakower’s order, the Judge determined from the facts that you had “refused Plaintiff’s request for access to [your] apartment on multiple occasions”. The Judge further determined that documents provided against you proved that the Department of Buildings attempted to access Unit 1F on two (2) separate occassions when “they attempted to enter [your] apartment on July 27, 2010 and August 2, 2010 for inspection, and were unable to gain access either time” and that you did “not dispute that [you] had denied access to [your] apartment for all of these requests”. And despite Judge Rakower’s clear Order against you to provide the landlord reasonable access to complete the legalization of Unit 1F, you have again refused the landlord reasonable access to Unit 1F. Your refusal to provide reasonable access has prevented the landlord from obtaining its Certificate of Occupancy and it has financially damaged the landlord by its failure to collect rent from you for the last two (2) years and via the expenditure of attorney fees and costs to gain access.
Furthermore, on December 2, 2011, you had physically assaulted the manager of the building that resulted in a criminal complaint and a lawsuit being filed against you. On or about February 17, 2012, you caused a letter to be sent on your behalf to the NYC Loft Board that falsely accused the manager of the building of “fraud” and which was immaterial and irrelevant to any pending Loft Board application. On or about August 11, 2012, you caused another letter to be sent to the NY Supreme Court that falsely accused the manager of the building of “fraud” and which was immaterial and irrelevant to the pending action. In and around January 2014, you intentionally and malicously slandered an owner of the building to his contractor for the purpose of causing that contractor to cease the legalization work within the building. On or about July 3, 2014, you caused papers to be filed with the NY Civil Court that faslely accused an owner of the building of “fraud” and it falsely accused the same owner of taking NO steps to legalize Unit 1F when you were intentionally and maliciously refusing access to Unit 1F for the legalization work, and which legalization work was immaterial and irrelevant to the pending assault action against you that you settled on May 6, 2013. In and around April 2014, you filed an Answer with a Counter-Claim in the Supreme Court Slander action against you that requested the Court to uphold your assault settlement agreement dated May 6, 2013 due to your false allegation that one of the owner’s of the building violated its confidentiality clause. And at the same time you filed a motion in the Civil Court requesting that Court to “vacate” your assault settlement agreement dated May 6, 2013 on the false allegation that an owner violated the confidentiality clause. Then on or around July 3, 2014, you filed a frivolus motion for sanctions against an owner of the building on your false claim of “fraud” and you violated the confidentiality clause of the settlement agreement dated May 13, 2013 by attaching the settlement agreement as an exhibit to your motion.
In and around August 6, 2008, you did flood Unit 1F. On September 15, 2011, you did flood Unit 1F again above the commercial tenant who filed a complaint. And you flooded Unit 1F again thereafter, which required the assistance of the NYC Fire Department who threatened to break down the door to Unit 1F because you refused to provide access (Fire Dept response records for 26 Bond Street can be examined by serving the NYC Fire Dept. with a foil request). In addition, you had FALSELY represented to the landlord, owner and manager of the building that you have been utilizing Unit 1F as your primary residence. You then ADMITTED on July 2, 2014 under your sworn testimony that you are only utlizing Unit 1F as a place of convenance to run your business, store your personal items, receive mail and to do your laundry that you bring in an “overnight bag” from your residence in Coop 16PE located at 11 Riverside Dr. where you have been residing at for the last four (4) years. And you ADMITTED to NOT sleeping in Unit 1F for over three and a half (3½) years between the periods of January 2010 to July 2014.
On or about April, 7, 1988, you caused a lawsuit to be filed against you by an owner of the building within the Supreme Court under caption Nunn v. Baumann Index No. 007009/88. On or about December 9, 1994, you caused a lawsuit to be filed against you by the owner of the building within the Supreme Court under caption Chambi v. Baumann Index No. 410011/94. On or about January 1, 2010, you caused a lawsuit to be filed against you by the owner of the building within the Supreme Court under caption Chambi v. Baumann Index No. 111569/10 (Access). On or about December 5, 2011, you caused a lawsuit to be filed against you by the manager of the building within the Civil Court under caption Mehmet v. Baumann Index No. 64682/11 (Assault). On May 10, 2012, you caused a lawsuit to be filed against you by an owner of the building within the Civil Court under the caption 26 Bond Street Management, LLC v. Baumann Index No. 065389/12 (Non-Primary Residence). On or about April 1, 2014, you caused a lawsuit to be filed against you by an owner of the building within the Supreme Court under caption Mehmet v. Baumann Index No. 100370/14(Defamation). In addition to the above lawsuits, multiple access applications were filed against you within the NYC Loft Board and a hearing was scheduled with the Office of Administrative Trials and Hearings (OATH). The OATH hearings would rarely conclude with a final Order because you would always settle the matter by agreeing to provide access. Thereafter, you would refuse additional access, which resulted in another access application being filed with the NYC Loft Board and another hearing would be scheduled at OATH where you would again agree to allow access (The multiple Loft Board access applications can be examined by serving the Loft Board with a foil request).
THEREFORE, based on your continuous and multiple acts of egregious bad behavior within 26 Bond Street over the years against the landlord, owner and employees of the building, which has substantially affected the use and enjoyment of the building by the landlord and the owner and which also constitutes a breach of a substantial obligation of your lease warrants your removal from Unit 1F on the grounds of your continuing nuisance.
PLEASE TAKE FURTHER NOTICE that your tenancy will expire in 30 days from the date you receive this notice. Upon your failure to vacate Unit 1F after the 30 days has expired, a legal action will be filed against you within a Court of Law on or after September 20, 2014 to remove you and any other occupants from apartment 1F on the grounds that your bad behaivor has been a continuing nusiance as defined under New York law.