Landlord Didn't Confirm Whether Tenant Still Kept Dogs

Landlord sued to evict Mitchell-Lama co-op tenant, claiming that tenant violated her lease by keeping three small dogs in her apartment. Tenant asked the court to dismiss the case. She claimed that she got rid of her dogs after receiving landlord's notice to cure, and landlord's subsequent termination notice didn't claim any new instances of misconduct after the cure period ended. The court ruled for tenant and dismissed the case. The termination notice was dated and served on the day after the cure period ended. So it didn't appear that landlord prepared and served the termination notice with a good faith belief that tenant failed to cure the lease violation. There was no claim in the termination notice that tenant was seen with dogs after the cure date. The court dismissed the case since the termination notice wasn't specific enough.

Third Housing Co., Inc. v. Velez: Index No. 80678/16, NYLJ No. 1202787007020 (Civ. Ct. Queens; 4/6/17; Rodriguez, J)