Nuisance Case Dismissed Because Landlord Didn't Send Predicate Notice

Landlord sued rent-stabilized tenant in State Supreme Court, seeking ejectment as well as an injunction to stop tenant's disruptive conduct. Landlord stated that other tenants complained about loud music and noise from tenant's apartment at all hours of the evening and early morning. The noise included screaming and banging furniture and other objects on the apartment floor and walls. Landlord also claimed that tenant's behavior disturbed the sleep of other tenants, harassed building residents, and included other unspecified "dangerous, menacing, and erratic" acts. Landlord also claimed that tenant didn't pay rent on time. With its request for an injunction ordering tenant to stop these actions, landlord submitted sworn statements by building employees, four current tenants, and two former tenants, all consistently describing loud music, screaming, and other noise coming from tenant's apartment at late hours. However, before starting the court action, landlord didn't send tenant a predicate notice describing the facts claimed to support grounds for ejection or eviction. Rent Stabilization Code Section 2524.2 required landlord to send tenant a notice to vacate or surrender, stating the grounds, before commencing an action for eviction. Therefore, by law, landlord's court complaint must be dismissed. 

CID Assocs. LLC v. Almaas: Index No. 151704/2021, 2021 NY Slip Op 30669(U), NYLJ No. 1615916255 (Sup. Ct. NY; 3/5/21; Kotler, J)