Did Landlord Send Tenant Timely Notice of Lease Violation?

Landlord sued to evict tenant for keeping a pitbull dog in his apartment, in violation of tenant's lease. Landlord also claimed that tenant created a nuisance by letting the dog roam the halls unattended where it urinated and defecated. Tenant asked the court to dismiss the case, claiming that landlord failed to serve a termination notice in violation of the HUD Handbook. He also claimed the proceeding violated Rent Stabilization Law Section 27-2009.1(b). Tenant claimed that he'd had the dog since 2013.

The court ruled for tenant in part. While landlord claimed that a nuisance was committed daily, its termination notice didn't provide specific dates or times. This prevented tenant from preparing a defense. So the nuisance claim was dismissed. But landlord claimed that it sent tenant a termination notice for the lease violation within 90 days of discovering the dog. Since there was a dispute over the facts, a trial was needed to determine whether landlord waived the right to object to the dog based on lease violation.

Hunts Pt. Hous. Dev. Fund Corp. v Castillo: Index No. 5949/17, NYLJ No. 1515727777 (Civ. Ct. Bronx; 12/13/17; Fitzpatrick, J)