No Notice to Cure Needed Before Terminating Tenancy

No Notice to Cure Needed Before Terminating Tenancy



LVT Number: #29732

Landlord sued to evict rent-stabilized tenant for failing to provide access to make repairs and for failing to renew her rent-stabilized lease. Tenant claimed that landlord's termination notice was defective. Although landlord first sent a notice to cure seeking access, landlord didn't send a notice to cure the lease nonrenewal before sending the termination notice. The court ruled for tenant and dismissed the case. Landlord appealed, and the case was reopened. There is no requirement in the Rent Stabilization Code (RSC) that landlord send tenant a notice to cure a failure to renew a rent-stabilized renewal lease. RSC Section 2524.2 requires only that landlord send a 15-day termination notice to tenant before seeking eviction based on failure to renew a lease.

Cunningham Associates, LP v. Peterson: Index No. 2017-696, 2018 NY Slip Op 28341 (App. T. 2 Dept.; 10/26/18; Weston, JP, Aliotta, Elliot, JJ)