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.

'Manda'

In Manda, the landlord served a notice of “owner's intention not to renew lease for personal use and occupancy,” dated Sept. 14, 2015, stating, among other things, that the landlord was “hereby notifying you that your lease which will expire on Jan. 31, 2016 will not be renewed because such owners desire to occupy apartment #2-L as their primary residence….” The notice further stated that the tenant was “obligated to vacate and surrender the premises on Jan. 31, 2016.”