Five Days Must Be Added to Mailed Nonrenewal Notice

Landlord sued to evict rent-stabilized tenants to recover apartments for his personal use and occupancy. Tenants asked the court to dismiss the cases. They claimed that landlord's lease nonrenewal notices weren't sent on time. The court ruled for tenants. The Rent Stabilization Code requires delivery of the nonrenewal notices between 90 and 150 days before the lease expires. Landlord mailed the nonrenewal notices on June 29, 2004. The leases were due to expire on Sept. 30, 2004. The Court of Appeals had ruled in the Landaverde case that five days must be added to the time allowed for a notice to cure if it was mailed. Though some courts disagree, the court here ruled that the same five days must be added to mailed nonrenewal notices. Landlord's notices didn't allow the five days for mailing. So the case was dismissed.

Marcus v. Danelli: NYLJ, 11/30/05, p. 19, col. 1 (Civ. Ct. NY; Milin, J)