before lease expiration under the Rent Stabilization Code (9 NYCRR) § 2524.2(c)(2) for
actions based on nonprimary residency, there is no such corollary provision in the ETPR and thus
does not apply to Nassau County. Moreover, the requirement to send a notice to tenant between
90-120 days prior to lease expiration under ETPR §2503.5(a) concerning lease renewals
does not apply because, as explained above, ETPR § 2504.4(d) expressly vitiates the
renewal obligations in the event of a nonprimary residency. In any event, Petitioner provided a
notice of termination dated July 2, 2018 (attached to Respondent's motion at Ex.
E)."
In G. Warhit Real Estate Inc. v. Krauss, 131 Misc 2d 429, 502
NYS2d 899 (App Term, 9th & 10th Jud Dists [1985]), the Court held in nonprimary
summary proceedings the Golub Notice is not required for apartments covered by the
ETPA.
In Landlord and Tenant Practice in New York, Finkelstein & Ferrarra, 2019
Edition, the treatise states:
"§ 15:137. Notice of nonrenewal—Under ETPR—Nonprimary
residence
Summary
A landlord
may properly refuse to renew the lease if the tenant does not occupy the premises as a 'primary'
residence. The landlord is required to serve the tenant with at least thirty-days' written notice of
an intention to commence a proceeding on such ground. Within seven days after the notice is
served on the tenant, an exact copy of the notice, together with an affidavit of service, must be
filed with the DHCR. It is unsettled whether the landlord must also serve a 'Golub' notice
during the ninety to one-hundred-twenty day 'window period' prior to the expiration of the
tenant's lease (at which time a renewal lease would ordinarily be required to be offered). While