Landlord Didn't Use Other Available Apartments

LVT Number: 12789

Landlord asked the DRA for permission to evict rent-stabilized tenant so that he could recover tenant's apartment for use by his own family. The DRA ruled against landlord, and landlord appealed. The DHCR ruled against landlord. The DRA had properly found that tenant hadn't been served with a notice of non-renewal of lease during the 90-120 days before his last lease ended. Landlord also didn't show that there was any ''immediate and compelling'' need for tenant's apartment since there were three other apartments in the building that had become vacant that same year.

Landlord asked the DRA for permission to evict rent-stabilized tenant so that he could recover tenant's apartment for use by his own family. The DRA ruled against landlord, and landlord appealed. The DHCR ruled against landlord. The DRA had properly found that tenant hadn't been served with a notice of non-renewal of lease during the 90-120 days before his last lease ended. Landlord also didn't show that there was any ''immediate and compelling'' need for tenant's apartment since there were three other apartments in the building that had become vacant that same year.

Mazahreh: DHCR Adm. Rev. Dckt. No. JJ910064RO (6/23/98) [3-page document]

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