OWNER OCCUPANCY

Landlord Didn't Sufficiently State in Termination Notice Why Apartment Needed

June 26, 2024    

Landlord sued to evict rent-stabilized tenant in order to recover apartment for his own use. Tenant asked the court to dismiss the case, claiming that the termination notice was insufficient and defective, and that...

No Attorney's Fees Awarded to Tenant After Landlord Discontinued Case

February 18, 2022    

Landlord sued to evict rent-stabilized tenant in order to recover the apartment for his son's use under the Rent Stabilization Law's owner occupancy provisions. Tenant later asked the court to dismiss the...

Court Can't Apply HSTPA's "Immediate and Compelling Necessity Standard" Retroactively to Pending Owner Use Case

August 23, 2021    

(Decision submitted by Noah Levenson of the Manhattan law firm of Butnick & Levenson LLP, attorneys for the landlord.)

Court Affirms Amended RSL Applies to Dismiss Owner Occupancy Cases Not Decided Before HSTPA

July 26, 2021    

In four consolidated proceedings, landlord sued in 2017 to evict rent-stabilized tenants in a six-unit building for personal use, in order to combine the apartments as a residence for his son. The court ruled for...

HSTPA Limitations on Owner Occupancy Claim Can't Be Applied Retroactively

March 25, 2021    

Landlord sued to evict rent-stabilized tenant, in order to recover tenant's apartment for owner occupancy. The trial court ruled for landlord in 2018. Tenant appealed and won, based on changes in the Rent...

Amended Law Bars Owner Occupancy Recovery of Entire Building

February 25, 2020    

Landlord sued to evict all rent-stabilized tenants in his building. Landlord claimed that he needed the apartments for owner occupancy purposes. The court ruled against landlord and dismissed the cases in July 2019...

Landlord's Owner Occupancy Case Dismissed Based on HSTPA

January 29, 2020    

Landlord sued to evict rent-stabilized tenant in 2018, in order to recover the apartment for use by his son as a primary residence. After the rent stabilization law was amended by the Housing Stability and Tenant...

Law Amended by HSTPA Applied to Owner Occupancy Case on Appeal

January 27, 2020    

Landlord sued to evict rent-stabilized tenant, in order to recover the apartment for owner occupancy. The trial court ruled for landlord in July 2018 because landlord showed a good faith intent to occupy as his...

Landlord's Claim to Recover Four Units Dismissed After HSTPA Amendments

December 19, 2019    

In separate proceedings, landlord sued to evict four rent-stabilized tenants in a six-unit building in order to combine the apartments as a residence for his son. The court consolidated the cases, and tenants asked...

Amended Law Bars Landlord from Recovering Entire Building for Owner Occupancy

August 21, 2019    

Landlord sued to evict rent-stabilized tenants, claiming that it sought to recover all apartments in the building in order to convert it into a single-family home to be used as landlord's primary residence. The...

Acceptance of Lease Renewal Offer by Tenant Waived Prior Lease Nonrenewal Notice

June 20, 2019    

Landlord sued to evict rent-stabilized tenant in order to recover apartment for owner occupancy. The court granted tenant's request to dismiss the case. Landlord appealed and lost. Landlord had offered tenant a...

Landlord LLC Can't Evict Rent-Stabilized Tenant for Owner Occupancy

May 21, 2019    

Rent-stabilized tenant complained that landlord hadn't renewed his lease since 2000. Landlord claimed that tenant was the building super with a low monthly rent. Landlord had asked tenant to move out because...