Landlord's Description of Tenant's Objectionable Conduct in Predicate Notices Was Sufficient

Landlord of Mitchell-Lama cooperative housing sued to evict tenant  based on objectionable conduct. Landlord claimed that tenant allowed loud screaming, yelling, and amplified music to emanate from his apartment. Tenant asked the court to dismiss the case and argued that landlord failed to state a claim because the notice to cure and termination notice were ambiguous and failed to state good cause for eviction. Tenant pointed out that landlord's termination notice cited a regulation provision that concerned the unauthorized harboring of an animal as grounds for eviction, although this wasn't a claim made in landlord's papers.

The court ruled against tenant. Here, landlord's Notice to Cure and Termination Notice complied with state regulations and were sufficient "in view of all attendant circumstances" to allow tenant to frame a defense. The Notice to Cure clearly warned tenant that the objectional conduct complained of was excessive noise from the apartment and six dates were listed, including specified times on five of those dates. The Termination Notice clearly advised tenant that the grounds for termination of his Cooperative Occupancy Agreement was his failure to comply with the Notice to Cure, a copy of which, with proof of service, was attached and incorporated by reference. It didn't matter that the Notice to Cure didn't indicate how many neighbors complained, include copies of said complaints, or provide complaint numbers. This information could be obtained by the tenant through a demand for a bill of particulars or through discovery. The phrase "loud, amplified music was heard" was sufficiently specific to describe the conduct complained about and wasn't merely a "boilerplate" description. The Notice to Cure cites the regulation governing nuisance rather than lease violation, and landlord can seek to prove that claim by proving tenant's objectionable conduct. The citation of a regulation concerning harboring animals was clearly a mistake in the landlord's notice and didn't warrant dismissal. 

Riverbay Corp. v. Guerant: 2022 NY Slip Op 50182(U)(Civ. Ct. Bronx; 3/8/22; Lutwak, J)