What is a non-primary residence proceeding?
a. If a landlord claims that a tenant does not occupy the apartment as a primary residence, the landlord may commence a “nonprimary residence” proceeding. b. In a rent controlled apartment, landlords must serve a 30 day notice of their intent to commence a proceeding based on the tenant’s residence. c. In a rent stabilized apartment, the landlord must give a notice of intention not to renew the lease because the apartment is not the tenant’s primary residence. The landlord must serve the notice 90-150 days prior to the lease’s expiration. In addition, the landlord must serve a 30 day notice of termination. Both notices may be combined.
