If rent stabilization or rent control did not apply to the subject premises, no notice to vacate would be required as a predicate to a proceeding under RPAPL 711 (5). (Murphy v Relaxation Plus Commodore, 83 Misc 2d 838 [App Term, 1st Dept 1975]; Real Property Law § 231.) A summary proceeding brought under RPAPL 711 (5) is not based upon a holding over after the expiration of the term, but is based upon the specific statutory authority to maintain the proceeding for illegal use and occupation of demised premises. Hence, it is not necessary to first "terminate” the term. This is not truly a "holdover” summary proceeding, and landlord need not show that tenant is holding over after the expiration of the term. (2 Rasch, New York Landlord and Tenant—Summary Proceedings § 1106 [2d ed].)