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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.

In Rent Stabilized tenancies, if the tenant is over 62 years older disabled, the landlord must offer to relocate the tenant to comparable housing accommodations at the same or lower rent at the landlord’s expense.

In Rent Controlled tenancies, the landlord must also prove that there is an immediate and compelling necessity and reason as to why the landlord requires the specific apartment in question for Owner Occupancy purposes.

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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