Landlord Didn't Send Notice to Cure

(Decision submitted by Manhattan attorney James B. Fishman, who represented the tenant.) Landlord sued to evict tenant for chronic late payment of rent. Landlord sent tenant a notice of termination stating that tenant was violating a substantial obligation of his tenancy. But landlord didn't first send a notice to cure. Under Rent Stabilization Code Section 2524.3(a), if landlord claims that tenant is violating a substantial obligation of the tenancy, he must give tenant 10 days' written notice to cure the violation. Landlord's petition was dismissed.

[72nd Street Partners v. Otis: L&T Index No. 53481/91 (11/20/92)]. 3-page document.