Landlord Didn't Serve Timely Lease Nonrenewal Notice

Landlord sued to evict rent-stabilized tenant in Nassau County for nonprimary residence. Among other things, tenant claimed that landlord failed to serve a timely notice of lease nonrenewal under ETPR Section 2503.5. Therefore, tenant argued, the case must be dismissed. The court agreed and ruled for tenant. Landlord appealed and lost. Landlord admitted that it didn't serve tenant the nonrenewal notice within the window period provided by the ETPR but argued that it wasn't required to do so because, unlike Rent Stabilization Code Section 2524.2(c), the ETPR didn't explicitly require a nonrenewal notice. But, in Golub v. Frank, New York's highest court ruled in 1985 that language requiring the service of renewal notices within a specified period of time also required, in the case of nonrenewal based on nonprimary residence, that a notice be served within that window.  

Sinclair Sec. v. Kudatzky: Index No. 2019-1300 NC, 2021 NY Slip Op 50590(U)(App. T. 2 Dept.; 6/24/21; Ruderman, PJ, Driscoll, Voutsinas, JJ)