Five Additional Days for Mailing Not Required on 90-Day Nonrenewal Notice

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky Shapiro Neville & Hazen, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant claimed that landlord's nonrenewal notice was defective because it was mailed 92 days before the expiration of tenant's current lease. Tenant claimed that five days must be added to the minimum 90-day notice requirement. The court ruled for tenant and dismissed the case. Landlord appealed and won. Landlord argued that the Rent Stabilization Code required only that the nonrenewal notice be mailed to tenant between 90 and 150 days before tenant's lease expired. The state's highest court has ruled that five days for mailing must be added to a 10-day notice to cure. However, a 90- to 150-day nonrenewal notice doesn't require tenant to take any action to cure within a short period of time.

Skyview Holdings LLC v. Cunningham: NYLJ, 10/24/06, p. 22, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)