No Notice to Cure Required in Chronic Nonpayment Case

March 1, 2003

LVT Number: 16368

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Tenant claimed that landlord's claim was defective because landlord didn't first deliver to tenant a 10-day notice to cure. The court ruled for tenant and dismissed the case. Landlord appealed and won. No notice to cure is required, since the pattern of chronic nonpayment is a course of conduct incapable of any meaningful cure. Landlord showed that tenant repeatedly made late payments for several years, and tenant admitted he had no defense to this but simply had business problems.

Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Tenant claimed that landlord's claim was defective because landlord didn't first deliver to tenant a 10-day notice to cure. The court ruled for tenant and dismissed the case. Landlord appealed and won. No notice to cure is required, since the pattern of chronic nonpayment is a course of conduct incapable of any meaningful cure. Landlord showed that tenant repeatedly made late payments for several years, and tenant admitted he had no defense to this but simply had business problems.

Herald Towers, LLC v. Perry: NYLJ, 2/13/03, p. 18, col. 2 (App. T.1 Dept.; McCooe, PJ, Gangel-Jacob, Schoenfeld, JJ)

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