Only One Co-Owner Can Seek Apartment for Owner Occupancy

Landlord sued to evict rent-stabilized tenant so that he could recover the apartment for his own use. Tenant asked the court to dismiss the case. He pointed out that a different co-owner previously sought and recovered another apartment in the building for owner occupancy. Landlord argued that the Rent Stabilization Code (RSC) barred only two unrelated co-owners from trying to recover apartments at the same time. The court ruled against landlord and dismissed the case. Rent Stabilization Law Section 26-511(c)(9)(b) states that the law “shall only permit one of the individual owners” of a building to recover possession of one or more dwelling units for owner occupancy. RSC Section 2524.4(a)(3) also states that only one individual owner can recover an apartment, however the owners jointly hold the property. There is no statute or case law supporting landlord’s interpretation of the law.

Begum v. Tapia: NYLJ, 1/13/10, p. 28, col. 3 (Civ. Ct. Kings; Finkelstein, J)