RPAPL Section 226-c Didn't Require Personal Service of Lease Nonrenewal Notice

Landlord sued to evict unregulated tenant after sending a 90-Day Notice of Intent Not to Renew Tenancy. Tenant advised the court that he had filed an ERAP application, which resulted in an automatic stay of the proceeding pending a determination by the state Office of Temporary and Disability Assistance (OTDA) on tenant's application for rental assistance. Tenant, in turn, asked the court to dismiss the case. The court ruled for landlord and against tenant.  Landlord showed that tenant's ERAP application had already been denied by OTDA. Tenant claimed that he had filed an appeal of OTDA's decision but presented no proof of that. So the court lifted the ERAP stay. Tenant claimed that landlord didn't attempt to personally serve the predicate nonrenewal notice before starting the eviction proceeding. But Real Property Law Section 226-c is silent as to the service requirements of lease nonrenewal notices such as the one served on tenant. A lease nonrenewal notice isn't the same as a tenancy termination notice. So the requirements of RPAPL Section 735 to personally serve a lease termination notice weren't triggered in this case. Here, the lease provisions concerning service of notices govern. Tenant's lease required service of a notice from landlord by certified mail. Landlord's affidavit of service stated that the notice was served by both regular mail with a certificate of mailing, certified mail, and certified mail-return receipt requested. So landlord properly served the notice on tenant.

Frischer v. Goldner: Index No. LT-300041-22, 2022 NY Slip Op 51060(U)