Partnership Can't Recover Apartment for Own Use

May 31, 1994

LVT Number: 8822

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Landlord's nonrenewal notice stated that landlord was a partnership and that one of the partners sought the apartment for her individual occupancy. The court ruled against landlord. The Rent Stabilization Code bars recovery by a partnership for owner occupancy. Only individual owners can get rent-stabilized apartments for their own use. The code specifically defines individual owners as those owning by joint tenancy, tenancy in common, or tenancy by the entirety.

Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Landlord's nonrenewal notice stated that landlord was a partnership and that one of the partners sought the apartment for her individual occupancy. The court ruled against landlord. The Rent Stabilization Code bars recovery by a partnership for owner occupancy. Only individual owners can get rent-stabilized apartments for their own use. The code specifically defines individual owners as those owning by joint tenancy, tenancy in common, or tenancy by the entirety.

Hart Realty v. Schneider: NYLJ, p. 28, col. 3 (5/25/94) (Civ. Ct. NY; Evans, J)

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