Case Type
Holdover-Nuisance
Housing Type
Rent Stabilized
Court
Civil Court of the City of New York
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
303136/25
Slip Opinion Number
50531(U)
Petitioner
1436 Ocean Ave. LLC
Respondent
Belal Hossain
Judge
Weisberg, Michael L.
Decision/Order Date
2026-04-15
Posture
Pre-answer Motion by Tenant
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
The landlord brought a nuisance holdover against a rent-stabilized tenant, alleging consistent noise. The tenant moved to dismiss, arguing the landlord failed to provide a notice to cure as required by the lease. Although the Rent Stabilization Code typically does not require a notice to cure for nuisance, the court found that the lease's more stringent notice provision was binding, as the Code establishes minimum rights and does not preclude greater tenant rights by contract. The motion was granted, and the petition was dismissed, as the landlord failed to comply with the lease's notice to cure requirement.
Keywords
Nuisance; Original Lease Required Notice to Cure
Recommended Citation
"1436 Ocean Ave. LLC v. Hossain" (2026). All Decisions. 2170.
https://ir.lawnet.fordham.edu/housing_court_all/2170
