New York City Housing Authority v. Harvell

OPINION OF THE COURT

Order dated May 31, 2000 affirmed, with $10 costs.

*296While it has been stated that a termination notice is not generally required to maintain an illegal use proceeding, since such a proceeding is founded upon statutory authority and not the termination of a lease (RPAPL 711 [5]; 715 [1]; Real Property Law § 231 [1]; see Murphy v Relaxation Plus Commodore, 83 Misc 2d 838), this rule gives way where a governing regulatory scheme requires preeviction notice (see, e.g., 2312-2316 Realty Corp. v Font, 140 Misc 2d 901; Rent Stabilization Code [9 NYCRR] § 2524.3 [d]; § 2524.2 [c]…