No Cure Notice Needed for Chronic Nonpayment
LVT Number: 12432
Landlord sued to evict rent-stabilized tenant for chronic nonpayment of rent. Landlord had sent tenant a termination notice before starting the eviction case. In its notice landlord claimed that tenant violated a substantial obligation of the tenancy by his continual nonpayment of rent. Tenant asked the court to dismiss the case, claiming that landlord should have sent a prior notice giving tenant 10 days to cure his chronic nonpayment. The court ruled against tenant. The Rent Stabilization Code states that landlord must send tenant a 10-day cure notice before trying to evict tenant for violating a substantial obligation of his tenancy. But in the case of chronic nonpayment, no cure is possible. So a notice to cure isn't required.
49-50 Second Assocs. v. Meyers: NYLJ, p. 28, col. 6 (6/10/98) (Civ. Ct. NY; Martino, J)