Total Demolition of Building Not Required

Landlord asked the DHCR for permission to evict rent-controlled tenant to demolish its building. The building contained seven rent-stabilized apartments. Landlord said it planned to demolish the building and create two luxury apartments. Tenant was the only remaining tenant in the building. The DRA ruled for landlord on the condition that landlord relocate tenant, and pay tenant's moving expenses and a stipend. Tenant appealed, claiming that the building alterations landlord was doing weren't demolition work. The DHCR ruled against tenant. The fact that landlord filed an alteration application with DOB, rather than a demolition application, didn't bar the DHCR from ruling for landlord. The law didn't require a total demolition of the building. Landlord need only demolish the existing apartments. And it didn't matter that landlord did the work while tenant still lived in the building.

Schneider: DHCR Adm. Rev. Dckt. No. TB420052RT (3/16/06) [11-pg. doc.]