Landlord Can't Sue to Evict For Owner Occupancy

February 25, 2019

LVT Number: #29942

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. Tenant asked the court to dismiss the case, claiming that landlord's nonrenewal or "Golub" notice was untimely. Tenant's last lease had expired on April 30, 2015. Landlord argued that tenant's expired lease wasn't rent stabilized. It wasn't until some time after April 30, 2015, that a prior court ruling determined that the apartment was rent stabilized. However, once that happened, landlord should have offered tenant a rent-stabilized renewal lease.

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. Tenant asked the court to dismiss the case, claiming that landlord's nonrenewal or "Golub" notice was untimely. Tenant's last lease had expired on April 30, 2015. Landlord argued that tenant's expired lease wasn't rent stabilized. It wasn't until some time after April 30, 2015, that a prior court ruling determined that the apartment was rent stabilized. However, once that happened, landlord should have offered tenant a rent-stabilized renewal lease. Without a lease in place, there was no window period existing for landlord to send a Golub notice. So, landlord couldn't maintain an owner's use holdover proceeding at this time.

Lin v. Weiss: Index No. 85640/2018, NYLJ No. 1546 (Civ. Ct. Kings; 12/20/18; Scheckowitz, J)

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