Landlord Didn't Serve Timely Lease Nonrenewal Notice

Landlord sued to evict rent-stabilized tenant, claiming that it had sent tenant a lease nonrenewal notice, also known as a "Golub notice." Tenant asked the court to dismiss the case. Tenant said that there was an unexpired lease in effect at the time landlord sent the Golub notice. So there was no effective window period during which landlord would have served the Golub notice. Landlord pointed out that in a separate DHCR proceeding, the DHCR had already decided that "tenant was properly served with notice of owner's intent not to renew a lease expiring April 30, 2000." The court noted that it was bound more by appellate court decisions than DHCR decisions, and that the DHCR's decision was wrong since both sides admitted that no lease was ever in effect for the period ending on April 30, 2000. The court dismissed the case because landlord failed to send a Golub notice to tenant during the required window period before expiration of the existing lease.

Bedford Oak LLC v. Hernandez: Index No. 034681, NYLJ No. 1554275942 (Civ. Ct. Bronx; 3/14/19; Weissman, J)