Mitchell-Lama Tenant Entitled to Extra Five Days to Cure

Landlord sued to evict Mitchell-Lama cooperative tenant for occupancy agreement violations, after sending a notice to cure. Landlord claimed that tenant didn't live in the apartment as his principal residence, that he illegally sublet the apartment, and that he made false statements on his annual certification of household income. Tenant claimed landlord's notice to cure didn't give him sufficient time to cure. The court ruled for tenant and dismissed the case. Landlord mailed tenant a five-day notice to cure. Landlord sent tenant a termination notice seven days after mailing the cure notice. But the state's highest court recently ruled that landlords must add five days to a notice period for notices sent by mail, even if the statute or regulation in question doesn't specify this. So landlord's notice to cure didn't give tenant enough time.

Southbridge Towers Inc. v. Frymer: NYLJ, 8/11/04, p. 19, col. 1 (Civ. Ct. NY; Lebovits, J)