Landlord's Notice of Demolition Application Untimely

Landlord applied to the DHCR for permission to demolish its building. The DRA dismissed the application based on improper delivery of a required termination notice to tenant. Landlord appealed and lost. Landlord argued that the Rent Stabilization Code (RSC) permitted service of the termination notice to tenant "at any time." Landlord misinterpreted the code. RSC Section 2524.5(b) permits landlord to send a termination notice at any time during a tenant's lease term, not just during the 150 and 90 days before the lease ends. In this case, landlord sent the termination notice to tenant after her last renewal lease expired and before the next renewal lease term commenced. This was improper.

East 45th Development LLC: DHCR Adm. Rev. Docket No. ZA410030RO (8/23/11) [4-pg. doc.]