Cure Notice Required for Tenant's Failure to Recertify

Landlord sued to evict rent-stabilized tenant after sending a 10-day lease termination notice saying that tenant violated his lease by not complying with NYCHA Section 8 voucher program regulations. Landlord claimed that tenant failed to recertify his annual income, thereby losing his rent subsidy. Tenant asked the court to dismiss the case, claiming that landlord failed to send a notice to cure before terminating the lease. Landlord argued that no notice to cure was required since, by law, tenant didn’t have to pay the subsidized portion of his rent that he lost by not recertifying.

The court ruled for tenant and dismissed the case. A cure was possible, and Rent Stabilization Code Section 2524.3(a) required landlord to send tenant a cure notice before terminating. Tenant claimed that he sent the recertification documents to NYCHA by certified mail and was seeking reinstatement of his rent subsidy. A cure was possible since NYCHA could reinstate tenant’s subsidy, or tenant could pay the subsidy portion of his rent, or landlord could give tenant a new rent-stabilized lease that wasn’t subject to a housing assistance payments contract with NYCHA. Instead, landlord improperly terminated tenant’s lease without a cure notice.

Beach Haven Apartments #5 Inc. v. Shinder: NYLJ, 1/8/10, p. 27, col. 1 (Civ. Ct. Kings; Fitzpatrick, J)