Landlord Can't Get Apartment for Use by School

Facts: Landlord school applied to the DHCR for certificates of eviction for three rent-controlled tenants. Landlord claimed it needed the apartments for educational administrative purposes. The DHCR ruled against landlord. The DHCR found that landlord proved it was a not-for-profit educational institution, that it sought in good faith to permanently withdraw the apartments from the rental market, and that it wouldn't use the apartments for immediate and personal use as employee or student housing accommodations. But landlord didn't prove that it needed the apartments for its own immediate use in connection with its educational purposes. Landlord appealed, arguing that under the law it didn't have to show ''immediate'' need for the apartments. Court: Landlord loses. The law does, in fact, state that landlord must show it needs the apartment for immediate use. Landlord claimed the DHCR wanted too much detail about landlord's plans. But other apartments in the building that were converted into offices were underused or vacant. Landlord wasn't able to state specifically how it planned to use tenants' apartments or when they would be used if tenants were evicted. Landlord also owned several buildings near tenants' building with vacant offices but didn't know how many vacant offices were in its buildings. So the DHCR was fair in ruling that landlord didn't prove the apartments would be used for educational purposes within a reasonable time after tenants were evicted.

New School for Social Research v. DHCR: NYLJ, p. 32, col. 1 (11/3/95) (Sup. Ct. NY; Schackman, J)