Rent Stabilization Code § 2522.5 (h) provides for instances where a tenant may be evicted under a plan accepted by the Attorney-General. The landlord "may” put in a provision in a lease or renewal lease that the lease will terminate not less than three years after the effective date of the accepted eviction plan. Such termination must provide the tenant with no less than 90 days’ notice prior to the cancellation. (Rent Stabilization Code § 2522.5 [h].) In the matter before the court there is no such provision in the lease entered into with the respondent in 1982. The accepted plan specifies, "All present tenants* in this building, regardless of their status under Rent Control or Rent Stabilization before the City acquired title to this building, will have the exclusive right to purchase the shares in the co-op Corporation that are allocated to their apartments for the purchase price indicated in this Plan for a period of ninety (90) days from the date of presentation of the Plan. 'Date of presentation of the Plan’ means the date on which the Plan is first delivered to the tenants of the building.”
In the footnote indicated in this section, the plan states that "Occupants, whose prior tenancies have been terminated as of the date of the presentation of the Plan are not present tenants.” The respondent in this matter did not have his *735tenancy terminated as of the date of the presentation of the plan, as petitioner acknowledges, he wasn’t living in the building at the time. There is no specific provision in the plan that deals with the respondent who moved in after the plan was accepted by the Attorney-General.