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Your First Defense When The Landlord Says Your Apartment Isn't Your Primary Residence

When the landlord asserts that your rent-stabilized lease will not be renewed because the apartment isn't your primary residence, you receive a "Golub Notice." This is a legal document that says because the unit isn't where you live primarily, your landlord isn't going to renew your lease and will sue to evict you when it expires. Fortunately, the law surrounding Golub Notices isn't quite so cut and dried. Often, these papers fail to back up the claims of non-primary residency with any verifiable facts. In these instances, the Courts have held that the notices are invalid. The case against you can also be dismissed if the Golub Notice's timing wasn't right, or because it doesn't have the specificity it requires. When that happens, the landlord usually has to give you the option of renewing your lease for one or two years, then wait until the next renewal period to serve another Golub Notice and sue you again. At that point, he or she may no longer be interested in pursuing the claim. Or circumstances may change in other ways that obstruct the landlord's ability to bring another non-primary residence suit.

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