Landlord's Notice Didn't Explain How Tenants Damaged Premises

Landlord sued to evict rent-stabilized tenants for breaching their lease by making loud noises in public areas outside their apartment, and for failing to repair damages to the apartment and public areas. Tenants asked the court to dismiss the case. They said that landlord’s notices were insufficient to permit them to prepare a defense and were therefore defective under Rent Stabilization Code Section 2524.2(h). The court ruled for tenants. Landlord’s notice to cure stated that tenants were allowing occupancy by more than those allowed by the Housing Maintenance Code. But the notice stated only a single date when tenants were loud. While dates and times aren’t required in a cure notice or termination notice, the lack of such information in landlord’s notices here rendered them insufficient. Landlord’s notices also failed to explain how or when tenants or their guests damaged public areas. 

USKI Properties, Inc. v. Machicote: Index No. 071367/2015, NYLJ No. 1202742615622 (Civ. Ct. Queens; 11/2/15; Kullas, J)