Landlord of Co-op Apartment Can't Evict Tenants

LVT Number: 13408

In 1991, landlord bought the unsold shares of a cooperatively owned apartment that was still occupied by rent-controlled tenant under a noneviction plan. Landlord filed an eviction application with the DHCR in 1997, seeking to recover the apartment for his own use. The DRA ruled against landlord, and landlord appealed. The DHCR again ruled against landlord. Rent control regulations bar recovery of apartments for owner occupancy when a rent-controlled tenant is a nonpurchasing tenant in a co-op building.

In 1991, landlord bought the unsold shares of a cooperatively owned apartment that was still occupied by rent-controlled tenant under a noneviction plan. Landlord filed an eviction application with the DHCR in 1997, seeking to recover the apartment for his own use. The DRA ruled against landlord, and landlord appealed. The DHCR again ruled against landlord. Rent control regulations bar recovery of apartments for owner occupancy when a rent-controlled tenant is a nonpurchasing tenant in a co-op building.

Salomon: DHCR Adm. Rev. Dckt. No. LL420046RO (5/20/99) [3-pg. doc.]

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