In 450-454 West 152nd Street HDFC v. Stembridge, 38 Misc 3d 141[A], 2013 NY Slip Op 50225[U]] chronic failure to pay on was the focus of the predicate notice, and the tenant had admittedly remained in occupancy for years without making a single payment towards the rent. The landlord in Stembridge also established that the tenant had been offered an opportunity to sign a renewal lease ,upon payment of back due use and occupancy and declined, and that the HDFC only resorted to a holdover, after a dismissal of a prior nonpayment proceeding by the court, who found no landlord tenant relation existed between the parties. In Stembridge the initial occupancy by the tenant was not based on a lease agreement with the HDFC and was not lawful.