Judge Phyllis Saxe
Tenants moved to dismiss the petition arguing the notice of intention of non-renewal of the lease—Golub notice—was not served properly as required by Rent Stabilization Code §§2524.2(a) and 2524.2(c)(3). Tenants claimed the lease term which the Golub notice intended not to renew expired in October 2010, and was never renewed or extended, arguing the notice was untimely warranting dismissal of the petition. Landlord argued that while tenants did not sign the renewal lease, they paid rent at the higher rent, thereby acquiescing and should be bound by the current lease term. Landlord Lee claimed she commenced this personal use holdover proceeding against tenants after serving the Golub notice. The court concluded that the “weight of authority” coupled with the Appellate Division’s holding in Samson Management v. Huburt pointed to a finding that the 2012 Golub notice was untimely served. It opined if it was fair to apply the holding of Samson to the 2010 time period as Samson was not yet handed down. The court stated retroactive application of Samson did not rise to the level of an unconstitutional taking, nor conflicted with considerations within Gurnee v. Aetna Life and Cas., thus the 2012 Golub notice was untimely served, and tenant’s motions were granted.
