Nonrenewal Notice Sent by Regular Mail

December 1, 1994

LVT Number: 9287

Landlord sued to evict occupant for nonprimary residence. Tenant asked the court to dismiss the case, because landlord had sent the nonrenewal notice by regular---not certified---mail. Tenant argued that the lease required all notices to be sent by certified mail. The court agreed with tenant, and dismissed the case. Landlord appealed, and the appeals court ruled for land-lord. The lease clause requiring certified mail only applied to notices given pursuant to the lease. It didn't apply to the nonrenewal notice, which is sent pursuant to the Rent Stabilization Law and Code.

Landlord sued to evict occupant for nonprimary residence. Tenant asked the court to dismiss the case, because landlord had sent the nonrenewal notice by regular---not certified---mail. Tenant argued that the lease required all notices to be sent by certified mail. The court agreed with tenant, and dismissed the case. Landlord appealed, and the appeals court ruled for land-lord. The lease clause requiring certified mail only applied to notices given pursuant to the lease. It didn't apply to the nonrenewal notice, which is sent pursuant to the Rent Stabilization Law and Code.

340 East 57th Street Associates v. Comras: NYLJ, p. 25, col. 6 (11/30/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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