month to month oral agreement under the terms of the original agreement, that said month to
month agreement was terminated on May 31, 2020 and that the subject premises is subject to the
ETPA. Since the premises is subject to the ETPA, petitioner was required to [*4]terminate the tenancy in accordance with the ETPA regulations in
order to evict the respondent from the premises. A mere expiration of the lease agreement, as
alleged in the petition, is not grounds for termination of an ETPA tenancy. See 9 NYCRR
§ 2504.2. Moreover, pursuant to ETPA regulations (9 NYCRR § 2504.3 (b)), prior to
commencing a holdover summary proceeding, petitioner must serve a notice to terminate which
must set forth, inter alia, the grounds for termination and the facts necessary to establish
the existence of such grounds. However, in commencing the instant action, as delineated above,
petitioner did not allege in its petition any of the grounds upon which an ETPA tenancy can be
terminated as the grounds for the termination of respondent's tenancy. Moreover, the notice to
terminate, which was incorporated into the petition, merely states "PLEASE TAKE NOTICE,
there (sic) undersigned Landlord of the premises known as and by, 47 N. Bleeker Street, 3R, Mt.
Vernon, NY 10550, occupied by you, elects to terminate your tenancy as of May 31, 2020. This
is a Ninety (90) Day Notice sent to you pursuant to the Real Property Laws of the State of New
York. If you fail to vacate on or before said date, you will be considered a holdover tenant and
the necessary eviction proceedings will be commenced against you and all other occupants by the
undersigned."
The Court notes that there is also no allegation in the petition or termination notice attached