Landlord Didn't Send Tenant Notice to Cure

May 25, 2020

LVT Number: #30786

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated, and continued to violate, a substantial obligation of her tenancy by permitting constant loud noises and music to come from her apartment. Landlord had received complaints from other tenants on six separate dates. Tenant asked the court to dismiss the case without trial because landlord failed to send her a notice to cure before terminating her tenancy. The court ruled for tenant. Rent Stabilization Code Section 2524.3(a) required landlord to send tenant a notice to cure before starting the eviction proceeding.

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated, and continued to violate, a substantial obligation of her tenancy by permitting constant loud noises and music to come from her apartment. Landlord had received complaints from other tenants on six separate dates. Tenant asked the court to dismiss the case without trial because landlord failed to send her a notice to cure before terminating her tenancy. The court ruled for tenant. Rent Stabilization Code Section 2524.3(a) required landlord to send tenant a notice to cure before starting the eviction proceeding. And any lease provision waiving the benefit of statutory protections was unenforceable as a matter of public policy. 

Windy Realty Asocs. LLC v. Hiciano: Index No. LT051048/19, NYLJ No. 1588014198 (Civ. Ct. NY; 4/8/20; Ortiz, J)

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