[*2]9 NYCRR Sections 2504.5(d) and 2508.1(a).
The Petition asserts that Respondent occupies the apartment as a "non-purchasing tenant"
pursuant to General Business Law Section 352-eeee. Paragraph 3 of the Petition alleges that
Respondent became a tenant as follows:
"3.Respondent-Tenant, Karla Kudatsky, is the subtenant in the Premises pursuant
to sub-lease agreement entered into in 1984, for a term commencing October 1, 1984 and ending
September 30, 1986 (the "Lease"), as extended by sixteen (16) two (2) year lease
extention agreements, the last of which provides for a term commencing October 1, 2016 and
ending September 30, 2018. Petitioner has been the sublandlord of the Premises since October 1,
2008, and all such lease extension agreements entered into by Respondent-Tenant for the
Premises have been with Petitioner since such time."
Paragraphs 8 and 12
of the Petition detail the Notices of Termination served upon Respondent.
"8. On or about July 30, 2018, Petitioner mailed Respondent correspondence titled
'Combined Notice of Termination and Notice of Intention to Commence Court Action' pursuant
to which Petitioner advised Respondent that: a) the Petitioner would not be renewing the Lease
beyond its expiration date of September 30, 2018; b) that Respondent was required to quit,
vacate, and surrender possession of the Premises on or before September 30, 2018; and c) that
Petitioner intended to commence an action or proceeding pursuant to Section 9 NYCRR
§§ 2504.5(d) and 2508.1(a) seeking to recover possession of the Premises on the
ground that the Premises are not occupied by Respondent, not including subtenants or occupants,
as her primary residence. A copy of said letter is annexed hereto as Exhibit
'A'."
"12. On or about November 7, 2018, Petitioner