Extra Days for Mailing Not Needed for Nonrenewal Notice

Landlord sued to evict rent-stabilized tenant to recover the apartment for the use of his daughter as her primary residence. Tenant asked the court to dismiss the case. Among other things, she claimed that landlord didn't deliver a timely notice of nonrenewal of lease to tenant. In 2004, the Court of Appeals had ruled that five days must be added for mailing a 10-day notice to cure. Tenant claimed that the same rule should apply to a nonrenewal notice that must be delivered between 150 and 90 days before the expiration of a rent-stabilized lease. The court ruled against tenant. The Rent Stabilization Code didn't require five additional days for mailing. And the Court of Appeals decision concerning a notice to cure didn't discuss whether the additional time for mailing was required for other notices. While noting that courts had disagreed on whether the additional five days was needed for a nonrenewal notice, the court here found that five additional days for mailing wasn't required. Landlord sent the nonrenewal notice to tenant by certified mail by the 90-day deadline before lease expiration. This was sufficient notice.

Zunce v. Rodriguez: L&T Index No.66436/08, 2008 WL 4667082 (10/22/08) (Civ. Ct. Kings; Heymann, J)