Notice to Cure Served on Tenant with Hoarding Disability Must Be More Specific

LVT Number: #32742

Landlord, a supportive housing provider, sued to evict rent-stabilized Section 8 tenant based on clutter and unsanitary apartment conditions that landlord claimed violated substantial obligations of the tenancy. Landlord's termination notice also stated that tenant unreasonably refused access to the apartment in violation of the Rent Stabilization Code. Among other things, inspection had shown that tenant collected recyclables for an unreasonable period of time. Tenant argued that landlord's notice to cure and termination notice were defective and asked the court to dismiss the case.

The court ruled for tenant. It was unreasonable for landlord to serve a cure notice that contained no explanation to tenant as to what actions she needed to take to avoid termination of her tenancy and eviction. The court noted that requiring landlord's cure notice to be more specific for supportive housing clients who suffered from a "hoarding disability" would be an inexpensive accommodation in the form of modified procedures leading up to an eviction.

CUCS West 127th Street LLC v. Eshaq: Index No. 210364, 2023 NY Slip Op 23223, NYLJ No. 1690749295 (Civ. Ct. NY; 7/21/23; Bacdayan, J)