If a Nonprimary Residence Holdover Proceeding Is Dismissed, Can the Landlord Bring a New One?

Before a landlord can begin a nonprimary residence holdover in New York Housing Court, he must serve what's known as a Golub notice -- a notice of nonrenewal of the lease. This Golub notice must be served within 90 to 150 days before the expiration of the renewal lease.

If a tenant is successful in getting the case dismissed, the consequences are great. After a holdover is dismissed, the Golub notice is likely stale. See South Shore Estates Inc. v. Olsen, NYU 3 /14/01, 20:3 (Civ. Ct. NY County). See also Malafis v. Evans, NYU 6/5/00, 34:2 (Civ. Ct. Kings County). The landlord cannot simply restart the proceeding, but must serve a new Golub notice. Thus, the landlord must renew the lease and await the next "window period," which is usually two years later. Cacaj v. Levine, NYU 3/11/92, 22.5 (Civ. Ct. NY County); Wilshire Plaza LLC v. Kaye, NYU 1/23/02, 18:5 (Civ. Ct. NY County).

Quite obviously, a lot can happen in two years to make a holdover proceeding a moot point.