and that a renewal lease was not provided because of Respondent's nonprimary status pursuant to
[*6]EPTR Section 2504.4(d). He insists that only a
month-to-month tenancy was created by the acceptance of the monthly rent pursuant to RPL
Section 232-c.
Brett Zinner argues that the November 7, 2018 Notice terminates Respondent's tenancy as of
December 31, 2018. No check was deposited for January 2019 prior to the commencement of
this proceeding on January 10, 2019. Petitioner contends that a January 2019 check received
from Respondent was returned on January 9, 2019. However, a claimed replacement check for
January 2019 was received from Respondent and deposited January 14, 2019 after
commencement of this proceeding.
Brett Zinner posits that none of the alleged defective conditions concerning the apartment
(except for the refrigerator/stove) were raised prior to the filing of her Answer herein. The
Respondent's stove and refrigerator were removed in January of 2018 by Petitioner at
Respondent's request. Petitioner states Respondent refused to allow for the installation of
replacements because "she wanted to purchase new appliances at her own expense."
Brett Zinner insists that all required Notices and Petition were adequate. The two July
Notices did not invalidate the November Termination Notice. Petitioner contends that the July
Notice puts Respondent on notice that the Lease was not going to be renewed.
Petitioner avers that the November Notice is legal because it notifies that the Lease is
terminated as of December 31, 2018 because the Great Neck residence is not her primary
residence. It is asserted that 801 Tiller Drive, Forked River, New Jersey is listed as Respondent's