Landlord Can't Evict Long-Term Tenant

August 31, 2000

LVT Number: 14367

Landlord sued to evict rent-stabilized tenant to recover an apartment for owner occupancy. Tenant had moved into the apartment in 1973. Since he had lived there for more than 20 years, tenant claimed that he should be exempt from eviction based on owner occupancy. Landlord pointed out that under the Rent Stabilization Code, there was no owner occupancy exemption for tenants living in apartments for over 20 years.

Landlord sued to evict rent-stabilized tenant to recover an apartment for owner occupancy. Tenant had moved into the apartment in 1973. Since he had lived there for more than 20 years, tenant claimed that he should be exempt from eviction based on owner occupancy. Landlord pointed out that under the Rent Stabilization Code, there was no owner occupancy exemption for tenants living in apartments for over 20 years. But tenant claimed that the Emergency Tenant Protection Regulations (ETPR), which cover rent-stabilized apartments outside New York City, provide greater protection and should apply. The court ruled for tenant. If there was no conflict between the Rent Stabilization Code and ETPR, both sets of regulations should apply. Tenant was protected by the ETPR, and the case was dismissed.

Rosenfeld v. Hall: NYLJ, 8/16/00, p. 23, col. 3 (Civ. Ct. NY; Wendt, J)

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