Petitioner commenced this nonpayment proceeding to recover $4,309.20 from Respondent concerning the 2nd floor apartment (2E) located at 3 Sycamore Avenue, Hempstead, New York.

Petitioner served a 3 day demand letter dated May 31, 2011 upon Respondent demanding payment of rent.

Respondent contends that the Occupancy Agreement dated July 3, 2009, between the parties required a 30 day notice concerning the nonpayment of rent and not a 3 day notice. Respondent bases this argument upon the following language expressed in Paragraph VII of the Occupancy Agreement:

The occupant is further notified of the following terms:

The sponsor can terminate this agreement within thirty (30) days. The sponsor will terminate this agreement under anyone of the following conditions:

1.Occupant's whereabouts are unknown for thirty (30) days or more.

2.Occupant has not paid rent for two (2) months without notice.

3.Failure to respond to home visits and written, certified and other notices, to appear.

The occupant is further notified that their belongings will be stored for 30 days only. After which no claim can be made against the sponsor.

Respondent posits that as a result of the foregoing the 3 day notice sent to Respondent by Petitioner violated the Occupancy Agreement because same requires a 30 day notice for nonpayment of rent.

Petitioner submits the Affidavit of Shea Gregory, representative of Petitioner, who explains the purpose of the said 30 day time period in Paragraph 11:

The agreement is just a short brief agreement as stated before we do not try to deny anyone of their rights nor have we attempted to extend any rights purposefully. The agreement is not intended to give 30 days notice prior to bringing an action for nonpayment as stated by the respondent and his attorney. The only notice that we are required to give is when we want to terminate a lease for any other reason where we may have reasonable cause to terminate it. In other words we have only listed three occasions in which we would seek to bring an action within thirty days of default and they are listed in paragraph VII of the lease agreement. Any other reason but for the ones listed would require thirty days notice to vacate. So the distinction is we request thirty days written notice to vacate when we want to terminate the lease and the tenant has the same right if they want to terminate they can do so at any time upon thirty days written notice.

This court agrees with Petitioner that Paragraph VII of the Occupancy Agreement does not require a 30 day notice for nonpayment. The court notes that Paragraph IV of the Occupancy Agreement specifically uses a 30 day notice requirement by allowing either party to terminate the agreement:

You, the occupant, or the sponsor may terminate this agreement, with a thirty day (30) written notice.

This court will not read a notice requirement into an agreement when it is clear that no such intention was expressed or implied.

The case of Hendrickson v. Lexington Oil Co., Inc., 41 AD2d 672, 340 NYS2d 963 (2nd [*3]Dept 1973) is distinguishable because in that case there was a specific 10 day default notice requirement in the lease for nonpayment of rent. There is no language in the Occupancy Agreement requiring service of a 30 day notice of default for nonpayment of rent.

All other arguments raised by Respondent are denied as without merit.

This case is set down for trial on October 3, 2011, at 9:30 a.m.

So Ordered:

/s/ Hon. Scott Fairgrieve

DISTRICT COURT JUDGE

Dated:September 12, 2011

CC:Nassau/Suffolk Law Services, Committee Inc.

Michael G. Williams, Esq.