Landlord Didn't Own Building Individually on Date of Owner Occupancy Application

LVT Number: #25795

Landlord asked the DHCR for permission to refuse renewal of tenant's rent-stabilized lease on owner occupancy grounds. The DRA ruled against landlord, who appealed and lost. Landlord had transferred ownership of the building from a corporate entity to himself as an individual. But on the date that landlord filed his application, the deed had not yet been recorded, so ownership was still held in the corporate name. In addition, a building permit issued to landlord was issued to the corporate entity as the building owner.

Landlord asked the DHCR for permission to refuse renewal of tenant's rent-stabilized lease on owner occupancy grounds. The DRA ruled against landlord, who appealed and lost. Landlord had transferred ownership of the building from a corporate entity to himself as an individual. But on the date that landlord filed his application, the deed had not yet been recorded, so ownership was still held in the corporate name. In addition, a building permit issued to landlord was issued to the corporate entity as the building owner.

Correia: DHCR Adm. Rev. Docket No. ZI910025RO (8/27/14) [2-pg. doc.]

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