Tenant Gets Chance to Correct Lease Violation

June 30, 1993

LVT Number: 7077

Landlord bought a rent-stabilized co-op apartment occupied by tenant since 1965. Landlord sued to evict tenant for violating the lease by installing a washing machine in the apartment without landlord's consent. Instead of bringing this action in housing court, landlord brought an ejectment action in state Supreme Court. The court found that tenant had violated her lease and gave her time to correct the violation. Landlord appealed, claiming that tenant can't correct a violation in an ejectment action. The appeals court disagreed.

Landlord bought a rent-stabilized co-op apartment occupied by tenant since 1965. Landlord sued to evict tenant for violating the lease by installing a washing machine in the apartment without landlord's consent. Instead of bringing this action in housing court, landlord brought an ejectment action in state Supreme Court. The court found that tenant had violated her lease and gave her time to correct the violation. Landlord appealed, claiming that tenant can't correct a violation in an ejectment action. The appeals court disagreed. Real Property Actions and Proceedings Law section 753 gives tenant a chance to correct a lease violation. The law isn't limited to housing court proceedings.

Nestor v. McDowell: NYLJ, p. 26, col. 5 (6/18/93) (Ct. App.; Bellacosa, J, Kaye, CJ, Simons, Titone, Hancock, Smith, JJ)

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