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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 2524

Citation
Section 2524
Parent Document
2312-2316 Realty Corp. v. Font, 140 Misc. 2d 901 (1988)
Jurisdiction
New York (state)
Effective Date
1988-07-19

Full Text

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The statutes should, if possible, be read in harmony rather than in conflict with each other. RPAPL 711 (5) does not specifically state that no notice can be required, nor does the notice provided for in RSC § 2524.2 (c) (2) prevent commencement of a proceeding under RPAPL 711 (5). Indeed, seven days is an extremely short period for a notice requiring surrender of possession. Furthermore, while RPAPL 711 (5) applies State-wide, RSC § 2524.2 (c) applies only to rent-stabilized apartments. In statutory interpretation, the specific always takes precedence over the general, and various provisions of the law which apply to the same subject matter should be read in harmony wherever possible. I therefore hold that a seven-day notice pursuant to RSC § 2524.2 (c) (2) is required before landlord seeks to evict a rent-stabilized tenant under RPAPL 711 (5) for illegal use of the premises. The petition is dismissed without prejudice.