ONLY GAVE TENANT AN 89-DAY NON-RENEWAL NOTICE
After the owner brought a non-primary residence holdover proceeding, alleging that D’A – a rent-stabilized tenant – really lived elsewhere, the New York County Civil Court ended up dismissing the case because the “Golub notice,” or “notice of non-renewal,” was served only 89 days prior to the underlying lease’s expiration, rather than the requisite 90-150 days as required by the Rent Stabilization Code [9 NYCRR] §§ 2524.2[c][2], 2524.4[c]].
On appeal, the Appellate Term, First Department, agreed that the notice, which issued on November 30, 2018, only afforded the tenant some 89 days prior to February 28, 2019 lease expiration date, and that it was therefore “invalid.” (It concurred with the Civil Court that the lease termination date could not be counted.)
Now does that add up?
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DECISION