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MATTER OF POPIK v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

225 A.D.2d 334 (1996)

638 N.Y.S.2d 467

In the Matter of Andrew H. Popik, Appellant, v. New York State Division of Housing and Community Renewal, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 7, 1996

A refusal by a landlord to renew a lease on the ground that he will use the premises as a primary residence for himself or a member of his immediate family (see, Rent Stabilization Code [9 NYCRR] § 2524.4 [a] [1]) must be predicated on notice of termination served between 150 and 120 days prior to the actual termination date (see, Quigley v Russo, 133 Misc.2d 137, 138). Such termination date should be ascertained...

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