Nonrenewal Notice Mailed on Time

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Tenant asked the court to dismiss the case, claiming that landlord didn't send its nonrenewal notice on time. The Rent Stabilization Code requires landlords to send the nonrenewal notice between 90 and 150 days before tenant's lease ends. Landlord mailed tenant the nonrenewal notice 90 days before tenant's lease ended. Tenant argued that five days must be added to allow for mailing. This would mean that landlord should have mailed the nonrenewal notice between 95 and 155 days before the lease ended. Tenant pointed out that New York's highest court had ruled recently that five days must be added for mailing to a 10-day notice to cure sent under the ETPR. The court ruled against tenant. The Court of Appeals added five days to the ETPR 10-day cure period when the notice was sent by mail, because that regulation required landlords to give tenants ''at least'' 10 days' notice to cure wrongful acts, and the cure period could actually be less than 10 days as the result of mailing the notice. The Rent Stabilization Code clearly calls for sending the nonrenewal notice 90 days before the lease ends, at the latest. And tenant didn't have to take any immediate action in response to that notice.

KSLM Columbus Apts., Inc. v. Bonnemere: NYLJ, 1/5/05, p. 19, col. 1 (Civ. Ct. NY; McClanahan, J)