Landlord Needs DHCR Order Before Evicting Tenant

August 31, 1993

LVT Number: 8186

Tenant complained that landlord was trying to evict him illegally. Landlord claimed that the building had been converted to cooperative ownership under an eviction plan. Since tenant didn't buy his apartment, he was subject to eviction. The DRA pointed out that, under the ETPA, landlord couldn't evict tenant in court until the DHCR issued an order permitting the eviction. Landlord appealed. The DHCR again ruled that landlord couldn't evict tenant until he got an order from the DHCR.

Tenant complained that landlord was trying to evict him illegally. Landlord claimed that the building had been converted to cooperative ownership under an eviction plan. Since tenant didn't buy his apartment, he was subject to eviction. The DRA pointed out that, under the ETPA, landlord couldn't evict tenant in court until the DHCR issued an order permitting the eviction. Landlord appealed. The DHCR again ruled that landlord couldn't evict tenant until he got an order from the DHCR. Landlord was entitled to apply to the DHCR for such an order, and wasn't barred from doing so by tenant's complaint or this order.

600-A Pelham Road, Apt. A-3B: DHCR Adm. Rev. Dckt. No. GJ 910170-RO (7/22/93) [3-page document]

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