Landlord’s Predicate Notices Were Defective

Landlord sued to evict rent-stabilized tenant for nuisance and lease violation by constantly allowing cigarette smoke to emanate from his apartment and thereby disturbing other tenants and endangering their health. Tenant asked the court to dismiss the case, claiming that landlord failed to state a cause of action. The court ruled for tenant, finding landlord’s notices unclear. Rent Stabilization Code (RSC) Section 2524.3(a) provides for a cause of action based on violation of a substantial obligation of tenancy and requires service of a notice to cure. RSC Section 2524.3(b) provides for a cause of action based on nuisance and doesn’t require service of a notice to cure. The court found it difficult to tell whether landlord’s termination notice, as written, claimed nuisance or violation of substantial obligation of tenancy. And, although the termination notice stated that smoke was “constantly” coming from tenant’s apartment, it listed only two specific instances that were two years apart. Landlord’s notice to cure also stated only that tenant should stop making excessive noise and made no reference to the smoke. The termination notice then referred only to a failure to cure lease violations and made no reference to nuisance. Landlord could bring the case again, if notices were proper.

Gloreen Realty LLC v. Wright: 51 Misc.3d 1223(A), 2016 NY Slip Op 50780(U) (Civ. Ct. NY; 5/18/16; Kraus, J)