Nuisance Case Dismissed Due to Insufficient Notice

Landlord sued to evict rent-stabilized tenant for creating a nuisance. Landlord claimed that tenant caused loud noise, engaged in criminal activity, and illegally sublet the apartment to "a known person of ill repute." Tenant asked the court to dismiss the case. He claimed that the notices landlord sent before starting the court proceeding were insufficient. The court ruled for tenant and dismissed the case. Landlord had sent tenant a notice to cure on February 13, followed by a 10-day termination notice for failure to cure sent on February 26. The notice to cure didn't state the lease provision landlord claimed was violated by tenant. Landlord claimed that a notice to cure wasn't required in a nuisance case. But the court disagreed and found that landlord's notice failed to give tenant sufficient information to prepare a defense. In addition, the notice to cure didn't give tenant a date by which to cure the claimed violations. And landlord didn't give tenant a full 10-day cure period before sending the termination notice. Landlord was required to add five days to the 10-day cure period because the notice to cure wasn't personally delivered to tenant. It was delivered by nail-and-mail service.

Williamsen v. Bugay: NYLJ, 12/3/08, p. 30, col. 1 (Civ. Ct. Kings; Heymann, J)