Landlord Didn't Send Required Notices

Landlord sued to evict tenant, claiming that tenant used his apartment primarily for commercial purposes. The court ruled against landlord and dismissed the case because landlord hadn't sent a notice to cure or termination notice to tenant before starting the eviction case. Landlord appealed, claiming he didn't have to send preliminary notices because the unit was occupied for commercial purposes and so was automatically exempt from rent stabilization. The appeals court ruled against landlord. Tenant had a rent-stabilized lease for the apartment, with a clause permitting ''accessory home occupation use as may be permitted by law.'' So landlord was required, under the Rent Stabilization Code, to send the cure notice and termination notice to tenant before starting the eviction case.

Helfer v. Conway: NYLJ, p. 28, col. 3 (3/11/99) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)