Nonrenewal Notice Not Defective

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case. He claimed that landlord's lease nonrenewal notice was defective. Landlord mailed the notice at least 90 days before the expiration date of tenant's lease. But tenant argued that an additional five days was required for mailing. Therefore, because landlord's notice wasn't mailed at least 95 days before tenant's lease expiration, the case must be dismissed. The court ruled for tenant. Landlord appealed and won. New York's highest court had previously ruled that an additional five days was required when landlord mailed a 10-day notice to cure to a tenant. This was because a tenant is required to take immediate action and may not get the benefit of the full 10 days if the cure notice is mailed. But a rent-stabilized nonrenewal notice sent during the 150-to 90-day period required under the Rent Stabilization Code gives tenants sufficient time to decide whether to contest the claims in the notice or simply move out.

21 West 58th Street Corp. v. Foster: NYLJ, 10/15/07, pg. 27, col. 5 (App. Div. 1 Dept.; Andrias, JP, Friedman, Williams, Buckley, Sweeny, JJ)