Notice to Cure Not Required in Nuisance Case

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Tenant asked the court to dismiss the case because landlord didn’t send tenant a notice to cure before sending a seven-day termination notice. Landlord argued that no cure notice was required before terminating a tenancy based on a nuisance claim. The court agreed with landlord but dismissed the case for another reason. Rent Stabilization Code Section 2524.3(b) didn’t require service of a notice to cure in nuisance cases. But a nuisance claim must involve conduct that was recurring or extremely dangerous, constituting an unreasonable or unlawful use of the property to the annoyance of others. One incident was insufficient to prove nuisance. Landlord’s termination notice was vague and conclusory, and it was unclear whether it was referring to one or more incidents.

Matthews 2160 LLC v. Worley: 35673/15, NYLJ 1202741935864 (Civ. Ct. Bronx; 10/23/15; Breier, J)