Popik v. New York State Division of Housing & Community Renewal

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 from "a lease from which these dates can be calculated” (Ansonia Assocs. v Consiglio, 163 AD2d 98, 99). The issue of a landlord’s noncompliance with this limitation of time could be…