Posted by Mark Smith on May 28, 2000 at 08:00:45:
TenantNet has made the case of 316 East 77th Street Inc. v. Deptula (New York County, Civil Court, Housing Part B, Judge Schreiber) the featured case in Housing Court Decisions for the week of May 22-26, 2000. The full decision in the case is available online from the New York Law Journal at: http://www.nylj.com/decisions/00/05/052400b3.htm.
Housing Court Decisions' summary of the case is correct. However, the Notes following the summary are incorrect. In the case of a rent stabilized apartment, as long as the notice of non-renewal ("Golub Notice") is served during the lease renewal window period (150 days to 120 days prior to the expiration of the lease), the landlord can proceed with a holdover summary proceeding, based on non-primary residence, after the lease has expired. In this case, there is nothing to prevent the landlord from immediately commencing a new summary holdover proceeding.
If the Golub Notice had not been timely served, then the landlord would have to renew the lease and wait another two years (if the tenant wisely chose a two-year renewal lease) to serve a timely Golub Notice near the end of the term of the renewal lease.
Notes: Much was at stake in getting this petition dismissed. This is because the landlord cannot recommence the nonprimary residency proceeding for another two years because first the landlord must tender a renewal lease based on the dismissal of this proceeding. Once a renewal lease is tendered for two years the tenant can resume occupancy (if the nonprimary residence allegation is true) and recommence primary residence in the apartment, so that in two years the landlord would not have grounds to refuse a renewal lease.
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