Landlord Didn't Send Notice Required Under RPL Section 235-e(d)

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't send tenant a written notice that rent hadn't been received. This notice was now required under RPL Section 235-e(d), which was added to the law by the Housing Stability and Tenant Protection Act of 2019 (HSTPA) effective June 14, 2019. The law required landlord to send tenant this notice by certified mail if rent wasn't received within five days of the due date stated in the lease, and prior to service of a 14-day rent demand. The court ruled against tenant, noting that the law itself provided no penalty for not sending the notice. The court found that a landlord's failure to provide written notice of nonreceipt of rent could be raised as an affirmative defense only if there was a genuine issue of  fact in the nonpayment proceeding. In this case, tenant admitted on the first court date that the rent sought was due and owing. So, landlord's failure to send the notice required under RPL Section 235-e(d) wasn't grounds to dismiss this case. 

Lawler v. Canfield: 2019 NY Slip Op. 29349, Index No. 19-50017 (City Ct. Watertown/Jefferson Co.; 11/18/19; Neddo, J)