Section 2524.4(a)(1) of the Rent Stabilization Code (RSC) allows a property owner to commence a proceeding to recover possession of a rent stabilized apartment upon the expiration of the existing lease term, on the ground that the owner, or a member of the owner’s immediate family, seeks to use and occupy the apartment as his or her primary residence. This is commonly known as an “owner’s use” holdover proceeding.
A question that was just recently at issue before Judge Lydia C. Lai of Civil Court, Queens County, in Manda v. Badinsky, NYLJ 1202789583670 (Civ. Ct. Queens Co. May 31, 2017) (Manda), was whether in an owner’s use proceeding, the landlord is required to serve both a “notice of intent not to renew” (commonly referred to as a ‘Golub’ notice), and a notice of termination, as predicate notices for the commencement of an eviction proceeding. While the court’s answer to that question in Manda was in the affirmative, there is authority to the contrary which creates some confusion on this issue.
