Landlord's Termination Notice on Unregulated Tenant Didn't Comply with RPL Section 226-c
LVT Number: #32192
(Decision submitted by John Bart of DC 37 Municipal Employees Legal Services, who represented the tenant.)
Landlord sued to evict unregulated tenant, claiming nuisance behavior by tenant. Tenant asked the court to dismiss the case because landlord's tenancy termination notice wasn't served on tenant on 90 days' notice. This was required by RPL Section 226-c because tenant had lived in the apartment for more than two years. Landlord instead sent tenant a termination notice on 13 days' notice. Landlord argued that RPL Section 226-c didn't apply to this case because it was based on nuisance and more immediacy was needed to terminate the tenancy. Even the Rent Stabilization Code provided for only a seven-day termination notice to proceed against rent-stabilized tenants on nuisance grounds.
The court ruled against landlord and dismissed the case without prejudice. Landlord didn't point to a law that supported giving tenant a shorter termination notice than that required under RPL Section 226-c. RPAPL Section 751 provides for a greatly expedited proceeding but requires more proof than stated in landlord's notice and petition.
Lawrence v. Stiles: Index No. L&T309815/21, 2022 NY Slip Op 32739(U)(Civ. Ct. Kings; 7/12/22; Slade, J)