De Feo v. Merchant
New York City Court
115 Misc. 2d 286, 454 N.Y.S.2d 576 (1982)
Facts
Landlord Cesare De Feo (plaintiff) brought a summary eviction proceeding against tenant Anthony Merchant (defendant) based on Merchant’s alleged failure to renew his lease in accordance with New York tenant-protection regulations. The regulations provided that between 60 and 90 days prior to the expiration of a tenant’s lease term, the landlord needed to send the tenant a notice of the lease’s expiration by certified mail and offer to renew the lease. The regulations further provided that the tenant had 30 days from the date of the certified mailing to accept the landlord’s offer and renew the lease. De Feo presented proof that he sent the required notice and offer of renewal by certified mail. However, Merchant contended that he never received the notice and offer of renewal. Merchant presented evidence that the U.S. Post Office regularly failed to deliver mail to tenants’ mailboxes in the apartment building. Merchant also demonstrated that he promptly tried to renew his lease once he learned that De Feo had commenced the eviction proceeding. The New York City Court considered the parties’ positions.
Rule of Law
Issue
Holding and Reasoning (Eisenberg, J.)
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