Landlord Needs Apartment for Own Use

LVT Number: 9635

Landlord asked the DRA for permission to recover tenant's rent-stabilized apartment for owner occupancy. Landlord claimed an immediate and compelling need for the apartment. The DRA ruled for landlord and tenant appealed. The DHCR ruled against tenant. Landlord had lived and worked in Pennsylvania. But landlord was notified in June 1994 that he was being laid off. He therefore had an immediate and compelling need to recover the apartment. Landlord had bought tenant's apartment before he took the job in Pennsylvania.

Landlord asked the DRA for permission to recover tenant's rent-stabilized apartment for owner occupancy. Landlord claimed an immediate and compelling need for the apartment. The DRA ruled for landlord and tenant appealed. The DHCR ruled against tenant. Landlord had lived and worked in Pennsylvania. But landlord was notified in June 1994 that he was being laid off. He therefore had an immediate and compelling need to recover the apartment. Landlord had bought tenant's apartment before he took the job in Pennsylvania. He needed to relocate to the New York City area to look for work in his field and he had no place else to live there. The fact that landlord's employer extended landlord's departure date and that landlord still lived in Pennsylvania didn't reduce landlord's need for the apartment. It was credible that the employer gave landlord a break at half pay and that landlord didn't want to move back to temporary housing in New York before this case was resolved.

Miles: DHCR Adm. Rev. Dckt. No. IE710022RT (2/3/95) [3-page document]

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