Landlord Didn't Send Cure Notice

Landlord sued to evict rent-stabilized tenants. Landlord claimed in its petition that tenants violated their lease by disturbing other residents on a daily basis through loud noise at all hours of the day and night. Landlord also claimed that one of the two tenants harassed two other building tenants by verbally abusing them, kicking their apartment door, and vandalizing their car. Tenants asked the court to dismiss the case. They claimed that landlord failed to send them a notice to cure before starting the eviction case.
The court ruled for tenants. Rent Stabilization Code Section 2524.3(a) requires landlord to send tenants a 10-day notice to cure before starting an eviction proceeding based on a lease violation. Landlord's petition and termination notice both stated that it was terminating the tenancy based on violation of lease paragraph "19" concerning undesirability. Landlord argued that the case was based, or intended to be based, on Rent Stabilization Code Section 2524.3(b), which permits eviction for tenant nuisance without prior notice to cure. But neither the termination notice nor the petition stated that the case was based on the code's nuisance provision. So the case must be dismissed.

J&D Associates v. Espinal: NYLJ, 5/6/09, p. 30, col. 1 (Civ. Ct. NY; Kaplan, J)