Termination Notice Sufficiently Described Tenant's Objectionable Conduct

Landlord sued to evict tenant for objectionable, criminal, activity that threatened the health or safety of, or right to peaceful enjoyment by, other tenants. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was untimely and didn't provide sufficient facts. The court ruled against tenant, who appealed and lost. Unlike a 10-day notice to cure, a 30-day termination notice didn't require an additional five days' notice to allow for mailing. And landlord's notice gave tenant enough information to adequately apprise tenant of the grounds for termination of tenant's lease. Landlord said that tenant masturbated in front of landlord's employees and confronted a security officer by threatening to get his gun. Although this conduct was directed against landlord's employees, and not other tenants, it still affected the peaceful enjoyment of all residents.

Brooklyn Home for Aged People Housing Development Fund Co. v. Selby: 32 Misc.3d 130(A), 2011 NY Slip Op 51314(U) (App. T. 2 Dept.; Steinhardt, JP, Golia, Rios, JJ)