Landlord LLC Can't Evict Rent-Stabilized Tenant for Owner Occupancy

Rent-stabilized tenant complained that landlord hadn't renewed his lease since 2000. Landlord claimed that tenant was the building super with a low monthly rent. Landlord had asked tenant to move out because landlord's immediate family needed the apartment. Landlord also claimed that tenant had refused to sign offered renewal leases. The DRA ruled against tenant. Landlord had sent tenant a nonrenewal notice based on owner occupancy. If landlord didn't start an eviction proceeding against tenant within 30 days, he should offer tenant a renewal lease.

Tenant appealed and won. Tenant pointed out that landlord was an LLC. The DHCR noted that the eviction notice landlord sent tenant was in the name of the LLC owner entity. Only an individual owner can seek recovery of a rent-stabilized apartment for owner occupancy. So tenant was entitled to a renewal lease. [Download PDF of decision here.]

Hernandez: DHCR Adm. Rev. Docket No. GR610053RT (3/26/19) [3-pg. doc.]