Five Extra Days Not Required for Mailed Notice to Roommates

After delivering a 10-day notice to quit, landlord sued to evict rent-stabilized tenant's roommates after tenant died. Roommates asked the court to dismiss the case. They claimed that five days must be added to a 10-day notice to quit, to allow for mailing time. Landlord's notice to quit gave them less than 15 days to vacate after delivery of the notice by conspicuous place service and mailing. The court ruled against roommates. The five-day mailing rule applied by the Court of Appeals in the Landaverde case didn't apply here. In that case, it was unclear whether Rent Stabilization Code provisions concerning a 10-day notice to cure required an additional five days for mailing. In this case, roommates weren't tenants but were merely licensees. The Rent Stabilization Law or Code didn't apply. The case was started under RPAPL Section 713, which covered cases in which there were no landlord-tenant relationships. RPAPL Section 713 required the notice to quit to be delivered in the same manner as an eviction petition under RPAPL Section 735.

135 PPW Owners LLC v. Schwartz: NYLJ, 5/4/05, p. 28, col. 1 (Civ. Ct. Kings; Heymann, J)