Loft Unit Not Yet Covered

Landlord sued to evict loft tenant for nonprimary residence. Tenant claimed that landlord's court papers were defective because no ''Golub'' notice was delivered. Such notice, stating that tenant's lease will not be renewed, must be delivered to rent-stabilized tenants between 120 and 150 days before the end of the lease. Landlord claimed that no Golub notice was needed because tenant's loft hadn't yet become subject to rent stabilization. The court ruled for landlord. Lofts in interim multiple dwellings don't become rent stabilized until landlord gets a residential certificate of occupancy and completes an application process for setting the stabilized rent. Under the Loft Law, landlord has nine months from the date of getting the C of O to do so. In this case, landlord's time to file this application hadn't run out yet. So tenant's loft wasn't yet subject to rent stabilization, and landlord wasn't required to send tenant a Golub notice.

Mazda Realty Assocs. LLP v. Green: NYLJ, p. 28, col. 1 (11/10/99) (Civ. Ct. NY; Hagler, J)