No DHCR Approval Required for Landlord Seeking Entire Building
LVT Number: 19420
Facts: Landlord, husband and wife, bought a building that housed 15 rent-stabilized tenants. Landlord sued in housing court to evict all tenants for owner occupancy. Landlords claimed that they were going to convert the entire building into a single-family home for them and their children. Tenant went to State Supreme Court to stop landlord from going forward. Tenants claimed that, under Rent Stabilization Code Section 2524.5(a)(1), landlord must first go to the DHCR for approval before withdrawing the building from the rental market. The Supreme Court ruled for tenants. Landlord couldn't go forward with owner occupancy proceedings. Landlord appealed. Court: Landlord wins. Landlord's plan to recover six remaining rent-stabilized apartments in the building through owner occupancy proceedings is governed by Rent Stabilization Code Section 2524.4(a)(1). No preapproval from the DHCR is required before starting eviction cases based on owner occupancy claim.
Pultz v. Economakis: NYLJ, 2/20/07, p. 36, col. 3 (App. Div. 1 Dept.; Saxe, JP, Sullivan, Williams, Gonzalez, Catterson, JJ)