Landlord's Termination Notice Didn't Give Tenant Sufficient Notice of Claim

Landlord sued to evict rent-stabilized tenant for violating a substantial obligation of her tenancy and creating a nuisance. Landlord claimed that tenant put up floor-to-ceiling partitions in the apartment, illegally converting it in violation of the building's Certificate of Occupancy. This resulted in DOB violations against landlord. Tenant asked the court to dismiss the case because landlord hadn’t served a notice to cure. The court ruled for tenant. The claim based on violation of a substantial obligation of tenancy required a notice to cure under Rent Stabilization Code (RSC) Section 2524.3(a). To the extent landlord sought to evict for nuisance, which didn’t require a notice to cure, landlord’s termination notice still failed to state sufficient information for the eviction grounds, as required under RSC Section 2524.3 or 2524.4.

1802 Associates LP v. Arias: Index No. L&T 53046/16, NYLJ No. 1202765661912 (Civ. Ct. NY; 8/8/16; Schreiber, J)