Landlord Can't Claim Dog Was Nuisance Without Notice

Landlord sued to evict Mitchell-Lama tenant for nuisance due to barking by tenant’s dog. Tenant asked the court to dismiss the case. Landlord had sent tenant a notice to cure for keeping a dog without landlord’s written permission. Then landlord sent tenant a termination notice that claimed, for the first time, that tenant’s dog caused a nuisance. Mitchell-Lama rules require landlord to send a cure notice before terminating a tenancy based on nuisance. So the portion of the eviction case based on nuisance must be dismissed because no cure notice was sent.

Starrett City Inc. v. Birmingham: NYLJ, 6/16/10, p. 28, col. 1 (Civ. Ct. Kings; Milin, J)