Tenant Transferred to New Apartment in Co-op Building

LVT Number: 13003

Tenant lived in a rent-stabilized apartment in a co-op building. Landlord apartment owner asked tenant to move from his current apartment to another apartment in the building so that landlord's daughter could move into tenant's apartment. Landlord proposed to transfer tenant's rent-stabilized status to the new apartment. Tenant asked the DHCR if he could do this and remain a rent-stabilized tenant. In an opinion letter, the DHCR pointed out that landlord couldn't evict tenant from a co-op apartment converted in a non-eviction plan for owner occupancy purposes.

Tenant lived in a rent-stabilized apartment in a co-op building. Landlord apartment owner asked tenant to move from his current apartment to another apartment in the building so that landlord's daughter could move into tenant's apartment. Landlord proposed to transfer tenant's rent-stabilized status to the new apartment. Tenant asked the DHCR if he could do this and remain a rent-stabilized tenant. In an opinion letter, the DHCR pointed out that landlord couldn't evict tenant from a co-op apartment converted in a non-eviction plan for owner occupancy purposes. However, the rent laws didn't prevent an agreement to consent to exchange of apartments on mutually agreeable terms, including preservation of tenant's rent stabilization status.

DHCR Opin. Ltr. by Charles Goldstein (5/4/98) [2-pg. doc.]

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