Petitioner failed to specify the sections of the law relied upon.
Jennifer Ecker asserts that the Predicate Notices and Petition are defective because the
documents fail to recite facts to substantiate Petitioner's nonprimary residence claim.
Respondent's counsel posits that no time periods are set forth when Respondent resided
elsewhere, and the periods that she was not seen at the premises.
Additionally, attorney Ecker maintains that the July 30, 2018 Notice is defective because the
language "at least 90 days but not more than 150 days" didn't make sense when the termination
date was set at September 30, 2018.
She also complains that the November 7, 2018 Notice did not reference either of the two
prior Notices, and did not state that it superseded and replaced the two prior Notices.
Jennifer Ecker claims that the Predicate Notices of July 30, 2018 and November 7, 2018 are
defective because they were signed by David T. Rosenberg, Esq., attorney for the landlord/owner
and by Allen Prince in his purported capacity as Temporary Assistant Secretary of the
landlord/owner. It is asserted that "neither are authorized agents of Petitioner and are permitted to
terminate Respondent's Lease."
Jennifer Ecker states that since a new tenancy was created after September 30, 2018, a new
stabilized lease had to be offered to Respondent pursuant to EPTA Section 10(a) and ETPR
Section 2503.5(a).
Jennifer Ecker alleges that Petitioner failed to comply with ETPR Section 2503.5(a), i.e., -
no notice served more than 120 days and not less than 90 days prior to the end of the tenant's
lease term. ETPR Section 2503.5(a) is not at odds with ETPA Section 5(11).
In opposition, Petitioner submits the Affirmation of attorney Brett Zinner, dated March 27,