Landlord Can't Use the Same "Golub" Notice for Second Eviction Case

February 16, 2018

LVT Number: #28213

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The case was dismissed after a traverse hearing where landlord didn't prove proper service. Landlord then started another eviction proceeding against tenant based on nonprimary residence but without first sending a new lease nonrenewal notice, known as a "Golub" notice. Tenant asked the court to dismiss the case, claiming that landlord couldn't rely on the same Golub notice for the second case. The court agreed. The dismissal of the prior eviction proceeding made the Golub notice stale.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The case was dismissed after a traverse hearing where landlord didn't prove proper service. Landlord then started another eviction proceeding against tenant based on nonprimary residence but without first sending a new lease nonrenewal notice, known as a "Golub" notice. Tenant asked the court to dismiss the case, claiming that landlord couldn't rely on the same Golub notice for the second case. The court agreed. The dismissal of the prior eviction proceeding made the Golub notice stale. And landlord started the new case after sending tenant a 30-day notice without attaching a copy of the Golub notice. 

Cambridge Leasing Prop. v. Ortega: Index No. 66360/17, NYLJ 1/24/18, p. 21, col. 1 (Civ. Ct. Queens; 1/10/18; Kullas, J)

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