DHCR FACT SHEET #10
Division of Housing and Community Renewal

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 themselves or a member of
their immediate family. Under the Rent Stabilization Law, an
owner may begin eviction proceedings 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 120 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 pint or multiple ownership.

If an owner does not use the vacated 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
a CERTIFICATE OF EVICTION for owner occupancy. An owner must
establish an immediate and compelling need for the apartment. If
the DHCR grants this Certificate, the owner may then proceed to
evict the tenant.

Additional rules apply to senior citizens and disabled persons
concerning evictions based on owner occupancy:

1.  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.

2.  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 any person who has been a tenant in the
    building for 20 years or more.

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DHCR Fact Sheets (series of thirty) are issued by the New York
State Division of Housing and Community Renewal (DHCR) as plain-
english informational publications.  For official agency
policies, see DHCR Policy Statements, Advisory Opinions and
Operational Bulletins. Also refer to the Rent Stabilization Code,
the Rent Stabilization Law and various Rent Control Statutes.

Electronic versions of these documents on TenantNet are for
informational purposes only and there is no guarantee they will
be accepted by any court (or even DHCR) as true copies of DHCR
policy. The reader may obtain true copies of these documents from
DHCR.

Every attempt has been made to conform to the original Fact
Sheets as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written.  The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws.  Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
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TenantNet. These documents may be freely distributed provided they
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For more information or assistance, call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.

Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400

Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678

Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246

Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below

Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above

Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277

Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494

Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434

Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575

Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596

Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382

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