Landlord Must Add Extra Five Daysto Mailed Nonrenewal Notice

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord didn't send its nonrenewal notice on time. The Rent Stabilization Code requires landlords to send the nonrenewal notice between 90 and 150 days before tenant's lease ends. Landlord mailed tenant the nonrenewal notice 92 days before tenant's lease ended. Tenant argued that five days must be added to allow for mailing. This would mean that landlord should have mailed the nonrenewal notice between 95 and 155 days before the lease ended. Tenant pointed out that New York's highest court had ruled recently that five days must be added for mailing to a 10-day notice to cure sent under the ETPR. The court ruled for tenant. The Court of Appeals added five days to the ETPR 10-day cure period when the notice was sent by mail, because that regulation didn't state whether additional time was required when the notice was sent by mail. The nonrewal notice provision of the Rent Stabilization Code was part of the same regulatory scheme and also didn't state whether additional time was required for mailing. So the Court of Appeals' ruling must be applied to this case.

Lynch v. Dirks: NYLJ, 1/5/05, p. 19, col. 3 (Civ. Ct. NY; Schneider, J)