Judge Joel Kullas

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Landlord commenced a summary holdover proceeding seeking possession of the subject premises under Rent Stabilization Code §2524.3(a), serving a notice to cure on tenant alleging he was harboring a dog, and illegally subletting the premises, in violation of the lease. Tenant Sanchez moved for dismissal alleging the predicate notice was fatally defective. He also alleged dismissal was warranted as landlord waived its right to evict him for harboring the pet under Administrative Code §27-2009.1(b). Sanchez claimed the predicate notice of termination was fatally defective as the notice did not provide facts showing he failed to cure the lease violations set forth in the notice to cure. He noted the notice of termination merely indicated Sanchez failed to comply with the notice to cure without providing facts to support such allegation. The court agreed finding the notice of termination was dated the same date as the expiration of the cure period in the notice to cure, and served a mere two days thereafter. It stated such expedited process suggested no good faith effort by landlord to ascertain if Sanchez made any effort to cure. Therefore, the court granted Sanchez’s motion to dismiss the proceeding finding the notice of termination fatally defective.