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2021 NY Slip Op 21233

Citation
2021 NY Slip Op 21233
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,735 chars
In 2017, landlords served tenant with a combined notice meeting two separate statutory requirements. It notified tenant, as required by RSC § 2524.2 (titled "Termination notices" and describing the requisite notice as a "notice to a tenant to vacate or surrender possession of a housing accommodation" [RSC § 2524.2 (b)]), that landlords were not renewing tenant's lease because she was not using the apartment as her primary residence (see RSC § 2524.4 [c]). It also informed tenant, as required by RSC § 2524.4 (c), that landlords intended to commence {**73 Misc 3d at 13}a holdover proceeding on that ground. Landlords then commenced a holdover proceeding based on nonprimary residence, which was discontinued by stipulation due to landlords' conceded failure to serve NYCHA with the 2017 combined notice. The parties did not enter into a new [*2]lease.

In 2018, landlords served both tenant and NYCHA with a new notice of intent to commence a summary proceeding pursuant to RSC § 2524.4 (c), attaching, as an exhibit, a copy of the 2017 combined notice, and then commenced the instant holdover proceeding. Landlords appeal from an order of the Civil Court (Kevin C. McClanahan, J.) dated May 7, 2019, which granted tenant's motion to dismiss the petition. Landlords argue that it was not necessary to serve the RSC § 2524.2 notice, commonly referred to as a nonrenewal notice when such notice is required by RSC § 2524.4, on NYCHA because such notice does not constitute a Section 8 "owner eviction notice," and that they had satisfied their obligations with respect to Section 8 by serving the RSC § 2524.4 notice of intent to commence a summary proceeding upon NYCHA prior to commencing this proceeding (see RSC § 2524.4 [c]).