Tenant Lived in Apartment over 20 Years

LVT Number: 18728

Landlord asked the DHCR for permission not to renew tenant's lease and to proceed for eviction on owner occupancy grounds. The DRA ruled against landlord. Landlord appealed and lost. Landlord claimed that he needed the apartment for his 21-year-old daughter. He said that she couldn't locate an affordable apartment, and that tenant's apartment was ideal for her use and budget. Tenant said he had lived in the apartment for 40 years. The DRA ruled against landlord because tenant had lived in the apartment for over 20 years.

Landlord asked the DHCR for permission not to renew tenant's lease and to proceed for eviction on owner occupancy grounds. The DRA ruled against landlord. Landlord appealed and lost. Landlord claimed that he needed the apartment for his 21-year-old daughter. He said that she couldn't locate an affordable apartment, and that tenant's apartment was ideal for her use and budget. Tenant said he had lived in the apartment for 40 years. The DRA ruled against landlord because tenant had lived in the apartment for over 20 years. Landlord appealed, disputing tenant's claim that he had lived in the apartment that long. The DHCR ruled against landlord. Tenant's first lease was dated June 1, 1981. Although the lease states that the apartment is in Mount Vernon, rather than in New Rochelle, this could have been a typographical error.

Pugliese: DHCR Adm. Rev. Dckt. No. TH910019RO (1/27/06) [4-pg. doc.]

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