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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)

Citation
700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
Parent Document
700 Bklyn Realty, LLC v. Latimi, 73 Misc. 3d 11 (2021)
Jurisdiction
New York (state)
Effective Date
2021-09-03

Full Text

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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.