* (a) Whenever a landlord intends to offer to renew the tenancy of an
occupant in a residential dwelling unit with a rent increase equal to or
greater than five percent above the current rent, or the landlord does
not intend to renew the tenancy, the landlord shall provide written
notice as required in subdivision two of this section. If the landlord
fails to provide timely notice, the occupant's lawful tenancy shall
continue under the existing terms of the tenancy from the date on which
the landlord gave actual written notice until the notice period has
expired, notwithstanding any provision of a lease or other tenancy
agreement to the contrary.
* NB Effective June 15, 2034
(b) Notwithstanding paragraph (a) of this subdivision, notice shall
not be required under this section to be provided by a cooperative
housing corporation, other than a cooperative housing corporation
subject to the provisions of article two, article four, article five or
article eleven of the private housing finance law, to a tenant who is a
dwelling unit owner or shareholder of such corporation. Nothing in this
paragraph shall relieve such cooperative housing corporation of any
otherwise applicable obligation to provide notice to such tenant
pursuant to any other law or any agreement between the parties.
2. (a) For the purposes of this section, the required notice shall be
based on the cumulative amount of time the tenant has occupied the
residence or the length of the tenancy in each lease, whichever is
longer.
(b) If the tenant has occupied the unit for less than one year and
does not have a lease term of at least one year, the landlord shall
provide at least thirty days' notice.