OWNER OCCUPANCY

OWNER OCCUPANCY

Trial Needed to Determine If Landlord Can Recover Apartment for His Son

October 29, 2018    

Landlord sued to evict rent-stabilized tenant, claiming that he needed tenant's apartment for the use of his son and daughter-in-law. After pretrial questioning, tenant asked the court to dismiss the case without...

Tenant Can Conduct Pretrial Questioning in Owner-Occupancy Case

June 25, 2018    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for owner occupancy. The court granted tenant's request to conduct pre-trial questioning. Information sought concerning landlord...

Landlord Seeks to Recover All Apartments in Building for Owner Occupancy

March 18, 2018    

Landlord sued to evict rent-stabilized tenant for owner occupancy of tenant's apartment. Tenant asked the court to dismiss the case, claiming that landlord's lease nonrenewal notice was insufficient. The...

Landlord's Termination Notice in Owner Occupancy Case Was Insufficient

January 25, 2018    

Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case, claiming that landlord's termination notice was inadequate. The court ruled for tenant and dismissed...

Landlords Seeking Owner Occupancy Didn't Offer Tenant Another Rent-Stabilized Unit

January 24, 2018    

(Decision submitted by David Hershey-Webb, Esq. of the law firm of Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP, attorneys for the tenant.)

Landlord Didn't Prove Good Faith Intent

February 10, 2017    

Landlord sued to evict rent-stabilized tenant in order to recover the unit for her son’s use as a primary residence. The trial court ruled against landlord, who appealed and lost. Landlord didn’t...

DHCR Mistakenly Ordered Landlord to Give Tenant a Renewal Lease

December 19, 2016    

Tenant complained that landlord failed to offer her a rent-stabilized renewal lease. The DRA ruled for tenant and ordered landlord to give tenant a renewal lease. Landlord appealed and won. Landlord had told the DRA...

Landlord Can't Evict Rent-Controlled Senior Citizen for Owner Occupancy

December 19, 2016    

Landlord asked the DHCR for a certificate of eviction so that landlord could recover tenant’s apartment for owner occupancy. The DRA ruled against landlord because tenant was a senior citizen and had lived in...

Tenant Failed to Show She Lived in Apartment for 20 Years

September 28, 2016    

Landlord of Yonkers apartment asked the DHCR for permission to recover rent-stabilized apartment for owner occupancy. The DRA ruled for landlord, finding he showed compelling necessity. The DRA also found that tenant...

Landlord Didn't Prove Elderly Tenant Had Moved Permanently to Nursing Home

May 23, 2016    

Landlord asked the DHCR for permission to terminate rent-controlled tenancy and proceed for eviction based on landlord’s wish to recover the apartment for owner occupancy.  Landlord claimed that the rent-...

Apartment Occupant Can’t Appeal Owner Occupancy Award

March 17, 2016    

Landlord sued to evict rent-stabilized tenant for owner occupancy. The trial court ruled for landlord. Apartment occupant appealed and lost. Landlord showed a good faith intention to have her married daughter and son...

Landlord Proves Intent to Live in Tenant's Apartment

November 20, 2015    

Landlord sued to evict rent-stabilized tenant so that he, his wife, daughter, and son could live in tenant’s apartment. Landlord’s lease nonrenewal notice stated that landlord intended to live with those...