Notice to Cure Not Required in Illegal Use Case

June 30, 1993

LVT Number: 7080

Landlord sued to evict rent-stabilized tenant for illegal use of the apartment. Landlord claimed tenant was using the apartment for drug and prostitution activities. The trial court dismissed landlord's petition because landlord didn't serve tenant a notice to cure. Landlord appealed, and the appeals court ruled that landlord didn't have to serve a notice to cure for illegal activity. The termination notice sufficiently advised tenant why landlord was evicting him.

Landlord sued to evict rent-stabilized tenant for illegal use of the apartment. Landlord claimed tenant was using the apartment for drug and prostitution activities. The trial court dismissed landlord's petition because landlord didn't serve tenant a notice to cure. Landlord appealed, and the appeals court ruled that landlord didn't have to serve a notice to cure for illegal activity. The termination notice sufficiently advised tenant why landlord was evicting him.

221 E. 10th Street v. Walker: NYLJ, p. 21, col. 5 (6/30/93) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Miller, JJ)

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