OPINION OF THE COURT
Andrew Lehrer, J.
*607Background
Petitioner Anthony W. Barr commenced this “no grounds” holdover proceeding against respondent tenant Gary Huggins on October 18, 2012. The petition, which is dated October 2, 2012, alleges, among other things, that the subject apartment is not rent-controlled or rent-stabilized because it is located in a two-family house; that the apartment is located on the second floor of the subject building; that Mr. Huggins is the tenant of the apartment; that he entered into possession thereof pursuant to a written rental agreement made on or about February 1, 2010 for a two-year term commencing February 1, 2010 and ending January 31, 2012; and that the term for which the apartment was rented expired on September 30, 2012 pursuant to a 30-day notice of termination dated August 21, 2012, which was personally delivered to Mr. Huggins on August 30, 2012.
Mr. Huggins, who is not represented by counsel, did not file an answer. However, at the pretrial conference, he alleged that his lease was still in effect.
The Trial
The trial of this case took place on May 9 and June 25, 2013.
Petitioner’s Evidence