Landlord Didn't Deliver Timely Copy of Termination Notice to DHCR
LVT Number: #30632
Landlord sued to evict rent-controlled tenant for creating a nuisance by permitting a "horrific bed bug infestation to develop." Tenant asked the court to dismiss the case because landlord failed to deliver a copy of its tenancy termination notice to the DHCR's district office within 48 hours after delivering the notice on her before starting the case.
The court ruled for tenant. The termination notice was personally served on tenant on Aug. 12, 2019. Rent control regulations, 9 NYCRR Section 2204.3(c), therefore required delivery to the DHCR of a copy of the termination notice and its affidavit of service on tenant by Aug. 14, 2019. But landlord didn't deliver the copy to the DHCR until Aug. 15, 2019. The untimely DHCR filing required dismissal of landlord's eviction case. Landlord couldn't claim that the late filing was "de minimis." Also, under Real Property Actions and Proceedings Law Section 735, personal service of the termination notice on tenant didn't require additional mailing of the notice. So the fact that an additional copy of the termination notice was mailed to tenant on Aug. 13 didn't change the Aug. 12 service completion date.
Capmar Realty Corp. v. Miz: 66 Misc.3d 1208(A), 2020 NY Slip Op 50019(U) (Civ. Ct. NY; 1/3/20; Ortiz, J)