New York Rent Stabilization Code 2524.4

RSC 2524.4 (a) (1) provides that an owner is not required to offer a renewal lease to a rent-stabilized tenant if the owner seeks to recover possession of the housing accommodation "for such owner's personal use and occupancy as his or her primary residence in the City of New York." Before an owner may law fully exercise the power to decline a renewal lease under RSC 2524.4 (a) (1), the owner must first provide the tenant with a written nonrenewal notice "at least 90 and not more than 150 days prior to the expiration of the lease term." (RSC 2524.2 [c]; accord Golub v. Frank, 65 NY2d 900, 483 NE2d 126, 493 NYS2d 451 [1985].) RSC 2524.2 (b) provides that this notice must state the "ground under section . . . 2524.4 . . . upon which the owner relies for removal or eviction of the tenant, the facts necessary to establish the existence of such ground, and the date when the tenant is required to surrender possession." In Pultz v. Economakis (10 NY3d 542, 548, 890 NE2d 880, 860 NYS2d 765 [2008]), the Court of Appeals interpreted New York City Rent Stabilization Code (RSC) (9 NYCRR) 2524.4 (a) to allow owners to recover entire buildings in owner's-use holdover proceedings if they can prove, at trial, their good faith intention to recover the units for their personal use as their primary residence.