The owner served the notice of non-renewal pursuant to RSC §2524.4(a)(1), which allows an owner to refuse to renew a rent stabilized tenant’s lease where the owner “seeks to recover possession of a housing accommodation for such owner’s personal use and occupancy as his or her primary residence in the City of New York and/or for the use and occupancy of a member of his or her immediate family . . . .”
The content of the notice of non-renewal, which must be served between 150 and 90 days before the tenant’s lease expires, is governed by RSC §2524.2(b), which states:
The owner in Hirsch commenced a holdover proceeding when the tenant refused to vacate at the end of her lease term. The tenant moved Housing Court (Milin, J.) to dismiss the petition, arguing that the notice of non-renewal violated RSC §2524.2(b) by not specifying “the facts necessary” to establish a valid claim for owner occupancy.
Judge Milin dismissed the petition. The Appellate Term, First Department, affirmed Judge Milin, writing:
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