Nonrenewal Notice Mailed 93 Days Before Lease Expiration Was Sufficient

December 1, 2006

LVT Number: 19288

Landlord sued to evict rent-stabilized tenant after sending tenant a notice of nonrenewal of tenant's lease. Tenant asked the court to dismiss the case based on insufficient notice. The Rent Stabilization Code required landlord to send the nonrenewal notice at least 90 days before the lease expiration date. Landlord had mailed the notice 93 days before the lease expiration date. Tenant claimed that landlord should have added five days for mailing and that the notice, therefore, was untimely. The court ruled for tenant and dismissed the case. Landlord appealed and won.

Landlord sued to evict rent-stabilized tenant after sending tenant a notice of nonrenewal of tenant's lease. Tenant asked the court to dismiss the case based on insufficient notice. The Rent Stabilization Code required landlord to send the nonrenewal notice at least 90 days before the lease expiration date. Landlord had mailed the notice 93 days before the lease expiration date. Tenant claimed that landlord should have added five days for mailing and that the notice, therefore, was untimely. The court ruled for tenant and dismissed the case. Landlord appealed and won. The appeals court reopened the case. Landlord had sent the nonrenewal notice in a timely manner.

Oxford Towers Co., LLC v. Leites: NYLJ, 11/16/06, p. 32, col. 1 (App. T. 1 Dept.; McCooe, JP, Gangel-Jacob, Schoenfeld, JJ)

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