Case Dismissed for Failure to Send Notice to Cure

Landlord sued to evict rent-stabilized tenant based on unauthorized subletting of the apartment. The court dismissed the case because landlord failed to send tenant a notice to cure before terminating the tenancy. Landlord appealed and lost. Landlord argued that a cure notice wasn't needed because tenant also had failed to include the subtenant on her November 2012 household composition statement filed in connection with the Federal Low Income Housing Tax Credit (LIHTC) program. In another LIHTC case, the appeals court had ruled that a cure notice was unnecessary. But in that case, the tenant had failed to disclose tens of thousands of dollars in assets in order to initially become eligible for the subsidized apartment and no cure was possible. Here, there was no claim or showing that tenant initially obtained possession of the apartment by fraudulent means or that the subletting and failure to disclose apartment occupant couldn't be cured.

Tribeca Equity Partners, LP v. Jacobson: 2014 NY Slip Op 51652(U), 2014 WL 6639986 (App. T. 1 Dept.; 11/21/14; Lowe III, PJ, Shulman, Hunter Jr., JJ)