'Combined Notice of Termination and Notice of Intention to Commence Court Action' pursuant
to which Petitioner advised Respondent that: a) the Petitioner would not be renewing the Lease
beyond its expiration date of September 30, 2018; b) that Respondent was required to quit,
vacate, and surrender possession of the Premises on or before September 30, 2018; and c) that
Petitioner intended to commence an action or proceeding pursuant to Section 9 NYCRR
§§ 2504.5(d) and 2508.1(a) seeking to recover possession of the Premises on the
ground that the Premises are not occupied by Respondent, not including subtenants or occupants,
as her primary residence. A copy of said letter is annexed hereto as Exhibit
'A'.
9. Petitioner remained in possession after the
expiration of the Lease termination date of September 30, 2018."
The July
2 Notice was not relied upon, or cited in the Petition. Thus, the July 2 Notice was superseded by
the July 30 Notice.
Respondent attacks the July 30 Notice as insufficient pursuant to ETPR Section 2503.5(a) as
follows:
"POINT VIII
PROCEEDING MUST
BE DISMISSED AS PETITIONER FAILED TO COMPLY WITH ETPR
§2503.5(a)
The Petition must also be dismissed as a matter of
law because Petitioner failed to comply with ETPR §2503.5(a). Petitioner failed to provide
Respondent with a notice of the [*9]termination of the parties'
lease within the 90-120 day time period set forth in ETPR §2503.5(a). ETPR
§2503.5(a) provides in pertinent part, 'every landlord shall notify the tenant
in occupancy not more than 120 days and not less than 90 days prior to the end of the tenant's
lease term, by certified mail, of such termination of the lease term...' [Emphasis added] The
mandatory language of the ETPR is clear and unequivocal.