Nonrenewal Notice Not Required
LVT Number: 11475
Landlord sued to evict tenant for illegal subletting. Tenant claimed that landlord never sent a notice of nonrenewal of lease and asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. The appeals court reopened the case. Landlord's notice to cure claimed that tenant no longer resided in the rent-stabilized apartment as her primary residence and that she'd sublet and/or assigned the apartment to her sister in violation of her lease and RPL section 226-b. Since landlord's petition was based on breach of a substantial obligation of the tenancy, and not nonprimary residence, landlord wasn't required to send a nonrenewal notice. The reference to nonprimary residence in landlord's notice to cure wasn't inconsistent with landlord's claim that tenant unlawfully sublet the apartment.
26 Leroy Realty Corp. v. Hendricks: NYLJ, p. 25, col. 4 (4/22/97) (App. T. 1 Dept.; Ostrau, PJ, Freedman, Davis, JJ)