Landlord Must Relocate Tenants After DOB Demolition Order

Landlord asked the DHCR for permission to evict tenants based on its intent to demolish the building. DOB already had issued an emergency declaration ordering landlord to demolish. The DRA ruled against landlord because the building had already been demolished. But the DRA also ordered landlord to comply with the DHCR's stipend/relocation requirements and reimburse tenants for reasonable moving expenses. Landlord appealed and lost. Landlord claimed that it tried to stabilize the structure and make needed repairs after it bought the building, but that prior landlords had neglected the building for many years. Landlord also argued that since the building was effectively demolished when DOB ordered tenants to vacate, the tenancies were ended and landlord had no further obligation to tenants. But this wasn't like cases where a fire effectively demolished a building and a court ruled landlord had no obligation to rebuild or rehouse tenants. It would be unfair and would violate the intent of the rent laws to allow landlord to avoid the stipend and relocation requirements for demolition applications after the building was long neglected.

128 Hester LLC: DHCR Adm. Rev. Docket Nos. YF410063-66RO et al. (9/24/10) [6-pg. doc.]