Fact
Sheet #10 - Eviction from an Apartment Based on Owner Occupancy
An
owner may refuse to renew a rent stabilized tenant's lease in NYC because
the owner wants the apartment for personal use and occupancy as a primary
residence for the owner or a member of the owner's immediate family. Under
the Rent Stabilization Law, an owner may begin an eviction proceeding when
the current lease expires, but only after the tenant is given written notice
that the lease will not be renewed. This notice must be served at least
90 and not more than 150 days before the current lease term expires.
According
to the Rent Stabilization Law, only one of the individual owners of a building
can take possession of one or more dwelling units for personal or immediate
family use and occupancy, even if the building has joint or multiple ownership.
If
after an owner recovers possession of the apartment, the owner does not
use the apartment(s) as the owner's or an immediate family member's primary
residence for three years, the owner may lose the right to any rent increases
for other apartments in that building for three years.
For
rent stabilized apartments outside NYC and for rent controlled apartments
statewide, the owner must apply to DHCR for an order granting a certificate
of eviction by filing an "Owner's Application for Order Granting Approval
to Refuse Renewal of Lease and/or to Proceed for Eviction for Owner Occupancy" (DHCR
Form RA-54). An owner must establish an immediate and compelling need for
the apartment. If DHCR grants this certificate, the owner may then proceed
in court to evict the tenant.
Additional
rules apply to senior citizens and disabled persons concerning evictions
based on owner occupancy:
- An owner
cannot evict a tenant from a rent stabilized apartment in NYC if the
tenant or the spouse of the tenant is a senior citizen, 62 years or
older, or is a disabled person unless the owner provides an equivalent
or superior apartment at the same or lower rent in a nearby area.
- An owner
cannot evict a tenant from a rent stabilized apartment outside of NYC
or a rent controlled apartment statewide when a member of the household
lawfully occupying the apartment is a senior citizen, 62 years or older;
or, is a disabled person, or is any person who has been a tenant in
the building for 20 years or more.
For
more information or assistance, call the DHCR Rent InfoLine (718-739-6400)
or visit your Borough or County Rent Office.
DHCR
Version 6/18/07
RGB page updated 7/30/08
