Landlord Can't Evict Long-Term Rent-Controlled Tenant

December 1, 2002

LVT Number: 16258

Facts:Landlord sued to evict tenant so that he could recover his apartment for owner occupancy. Landlord claimed that tenant was rent stabilized. Tenant claimed that he was rent controlled. He moved into the apartment in 1974. His initial lease was rent stabilized, but prior landlord had gotten a J-51 tax abatement in 1974 that required the building's apartment to be rent controlled. Tenant had lived in the building for over 20 years and claimed that he couldn't be evicted for owner occupancy. Court:Tenant wins. The apartment was rent controlled.

Facts:Landlord sued to evict tenant so that he could recover his apartment for owner occupancy. Landlord claimed that tenant was rent stabilized. Tenant claimed that he was rent controlled. He moved into the apartment in 1974. His initial lease was rent stabilized, but prior landlord had gotten a J-51 tax abatement in 1974 that required the building's apartment to be rent controlled. Tenant had lived in the building for over 20 years and claimed that he couldn't be evicted for owner occupancy. Court:Tenant wins. The apartment was rent controlled. And since tenant had lived in the apartment for more than 20 years, under rent control regulations, he couldn't be evicted for owner occupancy.

Mandell v. Cummins: NYLJ, 11/27/02, p. 19, col. 2 (Civ. Ct. NY; Elsner, J)

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