Landlord's Notice to Cure Stated Sufficient Law and Facts

LVT Number: #28182

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. The court granted tenant's request to dismiss the case because landlord's predicate notice was defective. Landlord appealed and won. Landlord stated a proper claim based on assignment or subletting of the apartment without permission. Landlord's notice to cure was reasonable. It fairly stated the nature of landlord's claim and the facts necessary to establish the existence of grounds for eviction.

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. The court granted tenant's request to dismiss the case because landlord's predicate notice was defective. Landlord appealed and won. Landlord stated a proper claim based on assignment or subletting of the apartment without permission. Landlord's notice to cure was reasonable. It fairly stated the nature of landlord's claim and the facts necessary to establish the existence of grounds for eviction. The notice stated that tenant was living at a specified other address and had breached a substantial obligation of her tenancy by subletting or assigning the apartment to a person named in the notice, without landlord's consent and in violation of Real Property Law Section 226-b and Rent Stabilization Law Sections 2524.3(a) and 2524.3(h). The case was reopened and sent back to housing court.

East Village ReHoldings LLC: Index No. 17-204, NYLJ 12/1/17, p. 22, col. 2 (App. T. 1 Dept.; 12/1/17; Lowe III, PJ, Schoenfeld, Shulman, JJ)