"The lessor of a covered dwelling unit—
"(1) may not require the tenant to vacate the covered dwelling unit before the date that is [*3]30 days after the date on which the lessor provides the tenant with a notice to vacate; and
"(2) may not issue a notice to vacate under paragraph (1) until after the expiration of the period described in subsection (b)."
If this were a nonpayment proceeding, there would be little question as to whether the CARES Act 30-day notice provision were applicable. However, respondent maintains that the 30-day notice provision applies to holdover proceedings as well.
Respondent argues the notice provisions of 15 USC § 9058 (c) are bifurcated from the moratorium provisions of 15 USC § 9058 (b), and that only the moratorium provisions are expressly limited to nonpayment proceedings. However, he offers no legal authority in support of this argument.
In fact, the cases cited by respondent in support, whether within New York City or nationwide, all involve nonpayment proceedings and the applicability of the 15 USC § 9058 (c) notice provisions to the nonpayment proceeding at issue in those cases.
Respondent even argues that Andrews Plaza Hous. Assoc. LP v Rodriguez (2023 NY Slip Op 35015[U] [Civ Ct, Bronx County 2023, Lutwak, J.]), a nonpayment case, supports his claim of a bifurcated statute. However, the court in Andrews Plaza made no such finding, nor did the court discuss the applicability of the CARES Act to holdover proceedings at any point.