Cure Notice Not Required in Chronic Nonpayment Case
LVT Number: 15764
Facts: Landlord sued to evict tenant for chronic nonpayment of rent. Landlord had to bring 12 nonpayment cases against tenant between December 1997 and September 2000. Tenant asked the court to dismiss the case without a trial. Tenant claimed that the Rent Stabilization Code required landlord to first send him a notice to cure before terminating his tenancy. Tenant also claimed that his lease required a cure notice. The court ruled for tenant and dismissed the case. Landlord appealed. Courts: Landlord wins. The Rent Stabilization Code section requiring a notice to cure for substantial lease violations shouldn't be applied literally in this situation. It would be useless to ask tenant to cure a chronic condition. Tenant's lease stated that landlord ''may'' send tenant a cure notice for any lease default other than a default in paying rent. This lease clause didn't require a cure notice. The case was sent back to the lower court for further fact-finding.
326-330 E. 35th St. Assoc. v. Sofizade: NYLJ, 4/10/02, p. 18, col. 1 (App. T.1 Dept.; McCooe, JP, Gangel-Jacob, Suarez, JJ)