HSTPA Amendments to Owner Use Provisions Applied to Cases Pending in June 2019

Landlord of a rent-stabilized building served non-renewal/termination notices in 2017 and 2018 on tenants of three apartments in the building, intending to convert the building to a two-family home. In June 2019, while the cases were pending, HSTPA was enacted. The act modified the owner occupancy provisions of the Rent Stabilization Law. Among other things, landlord could now recover only one apartment for personal use and must demonstrate "immediate and compelling necessity." The court dismissed landlord's cases. Landlord appealed, and the Appellate Term reversed that decision.

Tenants then appealed and the Second Dept. reinstated the initial ruling. The appeals court found that HSTPA's provision limiting the "personal use" exception to the RSL applied to pending eviction proceedings where a landlord hadn't obtained a judgment of possession when HSTPA took effect. When HSTPA went into effect on June 14, 2019, landlord had no vested right to recover any units in the building for personal use. Application of HSTPA had no retroactive effect, and the cases were properly dismissed.

Matter of Karpen v. Andrade: Index Noos. 87288/17, 87730/18, App. No. 2023-00714, 2025 NY Slip Op 03719, NYLJ, 6/26/25, p. 17, col. 3 (App. Div. 2 Dept.; 6/18/25; LaSalle, PJ, Ford, Voutsinas, Golia, JJ)