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Owner-Occupancy Holdover Proceedings

In rent controlled apartments, a landlord must apply to the Division of Housing and Community Renewal (DHCR) for a certificate of eviction for occupancy by owner or immediate family.

In rent stabilized apartments, a landlord must give the tenant notice 90 – 150 days prior to the expiration of the tenant’s lease of the landlord’s intention not to renew that tenant’s lease due to proposed Owner Occupancy.

In both Rent Controlled and Rent Stabilized apartments, the owner or the owner’s immediate family must prove that they plan to occupy the apartment in question as the designated individual’s primary residence and that there is an immediate and compelling necessity as to why the landlord requires the specific apartment in question for Owner Occupancy purposes. The Owner is limited to recovering one apartment and the Owner may not recover if the tenant is over 62 years old or has lived in the apartment 15 years or more. Further, an owner of an apartment in New York City cannot evict a disabled tenant or the spouse of a disabled tenant for owner use occupancy from a rent stabilized apartment, unless the owner provides an equivalent or superior apartment of the same or lower rent in an area near the tenant’s current apartment. An owner of a rent stabilized apartment outside New York City cannot evict a disabled tenant for Owner Use Occupancy.

Issues of Owner Occupancy in Rent Control and Rent Stabilized apartments tend to be very complicated and time consuming. Parties should speak with an attorney before proceeding. We offer complimentary consultations and you are welcome to schedule your complimentary-no obligation consultation by calling us at 212-921-1600.

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