The petitioners owner sought to terminate the tenancies of the respondents pursuant to Rent Stabilization Code (RSC) §2524.4(a). The respondents’ renewal lease expired on March 31, 2010. The petitioner had served a “Golub notice” dated Dec. 22, 2009.

The petitioner is a divorced male with two daughters. He is an accountant with an office located approximately one mile from the subject premises. The petitioner currently lives in a rental apartment in Long Island. The petitioner testified that “he intended to move into the premises, a first floor apartment, when he purchased the building in June 2009.” He claimed that he intended “to combine the premises (unit 1L) and unit 1R for his own use.” The petitioner explained that “the combined unit would have provided him access to the backyard and enabled him to have a two bedroom apartment where his daughters could stay when they visited him every other weekend and during school recess.” However, “after he purchased the building he was informed by respondents that they did not intend to move.” Although unit 1R was vacant at the time, the petitioner abandoned his plan to combine the units. The petitioner rented unit 1R to new tenants in September, 2009.

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