No Added Time Required on Renewal Notice for Mailing

February 1, 2005

LVT Number: 17868

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord mailed tenant a lease nonrenewal notice 90 days before the lease end date. Tenant asked the court to dismiss the case. He claimed that landlord had to add five days to the 150–90-day notice period for mailing. Tenant pointed to a recent Court of Appeals decision that required landlord to add five days for mailing to a 10-day notice to cure. The court ruled against tenant. A notice to cure required immediate action by tenant, so it was reasonable for court to require the added five days for notice by mail.

Landlord sued to evict rent-stabilized tenant for owner occupancy. Landlord mailed tenant a lease nonrenewal notice 90 days before the lease end date. Tenant asked the court to dismiss the case. He claimed that landlord had to add five days to the 150–90-day notice period for mailing. Tenant pointed to a recent Court of Appeals decision that required landlord to add five days for mailing to a 10-day notice to cure. The court ruled against tenant. A notice to cure required immediate action by tenant, so it was reasonable for court to require the added five days for notice by mail. But no immediate action was required on a nonrenewal notice, and the Rent Stabilization Code didn't require it.

Gnann v. Crawford: Index No. 73194/04 (Civ. Ct. NY 12/1/04; Lai, J)

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