Tenant Lived in Apartment for 20 Years

LVT Number: 12448

Landlord applied in 1984 for permission to evict rent-controlled tenant so that landlord could recover the apartment for use by his own family. Tenant claimed she was exempt from owner-occupancy eviction because she'd moved into the apartment in 1966 and landlord's application was still pending 20 years after that. The DRA ruled against landlord, and landlord appealed, claiming that tenant had lied about how long she lived in her apartment at the time landlord bought the building. The DHCR ruled against landlord.

Landlord applied in 1984 for permission to evict rent-controlled tenant so that landlord could recover the apartment for use by his own family. Tenant claimed she was exempt from owner-occupancy eviction because she'd moved into the apartment in 1966 and landlord's application was still pending 20 years after that. The DRA ruled against landlord, and landlord appealed, claiming that tenant had lied about how long she lived in her apartment at the time landlord bought the building. The DHCR ruled against landlord. A hearing had been held before the DRA at which tenant submitted copies of a mover's receipt, her daughter's birth certificate and school records, letters from her doctor, pastor, and neighbors, all showing that tenant had lived in the apartment since 1966.

Pipa: DHCR Adm. Rev. Dckt. No. GA120163RO (2/13/98) [4-page document]

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