Building
demolition - what are tenant relocation benefits?
This
depends on whether you are rent controlled or rent stabilized:
If
you are rent stabilized the landlord may refuse to renew your lease if
s/he seeks in good faith to demolish the building and construct a new one.
The landlord must obtain the DHCR’S approval following a hearing.
If the DHCR approves the demolition, the owner must pay reasonable moving
expenses and a stipend or the owner will be required to relocate the tenant.
The DHCR maintains a schedule for compensating tenants in these situations.
If
you are rent controlled the landlord must secure approvals for demolition
from the DHCR and must show:
-
that
the new building will contain 20% more housing than the demolished
building; and
-
that
adequate arrangements have been made to relocate the tenants; and
-
that
all the necessary building permits have been obtained.
If
the landlord obtains a certificate of eviction from the DHCR, s/he must
provide relocation assistance.
The
Rent Regulation Reform Act of 1997 made it easier for landlords to demolish
buildings with only a few rent regulated apartments. Below is an excerpt
from RRRA-97 that discusses the conditions under which an owner may demolish
a regulated building pertaining to the allowable maximum number of occupied
units:
"Three
or fewer occupied apartments which constitute ten percent or less of
the total dwelling units in the building or one occupied apartment if
the building contains ten or fewer apartments but only on the conditions
that the tenant is provided with the relocation, moving expense, stipend
and any other benefits provided under the corresponding provisions of
the rent stabilization law of nineteen hundred sixty-nine."
The
new law did not change an existing provision of rent stabilization, namely,
that if the landlord demolishes a building he/she must provide the tenant
with:
"THE
RELOCATION, MOVING EXPENSE, STIPEND AND ANY OTHER BENEFITS PROVIDED UNDER
THE CORRESPONDING PROVISIONS OF THE RENT STABILIZATION LAW OF NINETEEN
HUNDRED SIXTY-NINE."
The
actual amount of benefits is not specified in the law. Benefits are determined
by the NY State Division of Housing and Community Renewal (DHCR), under
an Operational Bulletin, For a complete description of all the steps the
owner must follow, take a look at the Operational
Bulletin on Procedures Pursuant to the Rent Stabilization Code for
the Filing of an Owner's Application to Refuse to Renew Leases on the Grounds
of Demolition. If you have further questions don't hesitate to call the
DHCR at (718) 739-6400.
Unregulated
tenants are not generally entitled to any benefits.
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If
my stabilized building was converted from 6 to 5 units - can I still
get a renewal lease?
In
general, if the owner converted a six or more unit building to one with
five or fewer units, the tenants in occupancy remain under rent regulation.
For more information, contact the DHCR at (718) 739-6400.
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My
landlord is demolishing my building - what are my rights?
Here
are two scenarios:
-
City
Requires Demolition:
If this is the case you will have to move. The City will not allow an
independent analysis of the structure's condition. Before demolition,
the City will issue a vacate order. Instructions will be included on
the order indicating which agency to contact for questions. If you have
any questions about your continuing rights following the vacate order,
we suggest you contact a private attorney. You may have rights to relocate
back in the building if it is to be repaired or rebuilt.
-
Owner
is seeking demolition to rebuild:
The law does not allow an owner of a rent regulated building to simply
demolish the building, and throw the tenants out. The owner must follow
the steps mandated by the NY State Division of Housing and Community
Renewal, the state agency that administers the rent laws (DHCR, 718-739-6400
or 212-961-8930). These steps include notification procedures and relocation
assistance. See the first question in this
section for further information.
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