Notice to Cure Not Required

February 1, 2002

LVT Number: 15588

Landlord sued to evict Mitchell-Lama tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord should have sent him a notice to cure first. The court ruled against tenant. Tenant appealed and lost. Landlord sent tenant a 10-day termination notice, stating the facts and attaching a copy of the 1992 waiver of the certificate of no objection to eviction issued by the DHCR. This was all landlord had to do. No cure notice was required.

Landlord sued to evict Mitchell-Lama tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord should have sent him a notice to cure first. The court ruled against tenant. Tenant appealed and lost. Landlord sent tenant a 10-day termination notice, stating the facts and attaching a copy of the 1992 waiver of the certificate of no objection to eviction issued by the DHCR. This was all landlord had to do. No cure notice was required.

Knickerbocker Village Inc. v. Yeung: NYLJ, 1/9/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)

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