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Lilly is wrong.

Posted by Provost on November 04, 2001 at 19:33:22:

In Reply to: Re: Land Lord taking over room posted by Lilly on November 04, 2001 at 16:39:45:

Yes the owner can take over a room - and all the more so if the building is rent regulated. Yes the building must be in the owner's name. However there is no limit on the number of apartments that can be taken over on owner occupancy grounds. An owner with a large family might take an entire floor, and even additional apartments on other floors if needed for his brothers, sisters, parents, uncles, etc.

The landlord does not evict for owner occupancy; as I stated, the lease between landlord and tenant always remains in force. However once the lease term is over, landlord can decline to renew if he needs the apartment for his own purposes. If the tenant refuses to leave, that would be a holdover eviction.

If the apartment size is changed the rent is adjusted. In a rent stabilized apartment, the new rent would be based on fair market value - potentilly even higher than the old rent!

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