Bedrock Equities LLC v Husain

Holding The court denied the tenant’s motion to dismiss, holding that a landlord need not specify the amount of rent owed or the period of default in the predicate notice for a Good Cause Eviction Law (GCEL) holdover proceeding. The court determined that the statutory requirements are satisfied by marking the applicable good cause reason on the RPL § 231-c notice, and that the legislature did not mandate a pre-litigation cure period or specific rent demand details for these proceedings.

The court’s words

the legislature has not imposed this requirement in the case of GCEL holdovers against unregulated tenants where the good cause for eviction is nonpayment of rent

90 Misc 3d 221, at the official text

Nothing more is required pre-commencement of the holdover proceeding than informing the tenant -- by appendage or incorporation of the RPL § 231-c notice to the notice of termination

90 Misc 3d 221, at the official text

Whether or not good cause based on nonpayment of rent actually exists is a matter for trial

90 Misc 3d 221, at the official text

the legislature has provided respondent with the cure it deemed reasonable

90 Misc 3d 221, at the official text