Notice to Cure Overly Broad

LVT Number: 16832

Landlord sued to evict rent-stabilized tenant for nuisance because tenant kept a dog believed to be a pit bull. Tenant claimed that landlord's cure notice was defective and asked the court to dismiss the case. The court ruled for tenant. The cure notice was overly broad. Landlord couldn't claim nuisance simply based on the breed of dog. A notice to cure a nuisance must state that there is continuing or repeating conduct.

Landlord sued to evict rent-stabilized tenant for nuisance because tenant kept a dog believed to be a pit bull. Tenant claimed that landlord's cure notice was defective and asked the court to dismiss the case. The court ruled for tenant. The cure notice was overly broad. Landlord couldn't claim nuisance simply based on the breed of dog. A notice to cure a nuisance must state that there is continuing or repeating conduct.

One More Time Realty Corp. v. Ahuatl: NYLJ, 8/13/03, p. 20, col. 5 (Civ. Ct. Bronx; Malatzky, J)