Posted by Tenantnet on September 28, 1997 at 00:32:09:
In Reply to: Landlord wedging me out with brother---LEGAL? posted by BZEL on September 27, 1997 at 13:27:27:
: I have been served with a notice of non-renewal, having lived peacefully in the same NYC rent-stabilized apt.for over 25 yrs.
: The landlord also lives in the building with his family, occupying 2 1/2 floors.
: He claims he "needs" my apt. for his brother (now in Boston), soon to move to Manhattan. This is an obvious ruse to clear me out for a tenant willing to pay more than triple the rent.
: Is there legal precedent for this?
: Can I fight it?
Look at section 2524.4 of the Rent Stab Code (below). In that the
owner already has one unit in the bldg, you probably have a chance
but you should look at case law to see how this has been applied.
If you've made any complaints within the last six months, also
look at the retaliatory eviction provision of the Real Property Law.
Sec. 2524.4. GROUNDS FOR REFUSAL TO RENEW LEASE, OR IN HOTELS,
DISCONTINUING A HOTEL TENANCY, WITHOUT ORDER OF THE
DHCR.
The owner shall not be required to offer a renewal lease to a
tenant, or in hotels, to continue a hotel tenancy, and may
commence an action or proceeding to recover possession in a court
of competent jurisdiction, upon the expiration of the existing
lease term, if any, after serving the tenant with a notice as
required pursuant to section 2524.2 of this Part, only on one or
more of the following grounds:
(a) Occupancy by owner or member of owner's immediate family.
(1) An owner who seeks to recover possession of a housing
accommodation for such owner's personal use and
occupancy as his or her primary residence in the City
of New York and/or for the use and occupancy of a
member of his or her immediate family as his or her
primary residence in the City of New York, except that
tenants in a noneviction conversion plan pursuant to
section 352-eeee of the General Business Law may not be
evicted on this ground on or after the date the
conversion plan is declared effective.
(2) The provisions of this subdivision shall not apply
where a tenant or the spouse of a tenant lawfully
occupying the housing accommodation is a senior citizen
or disabled person, as previously defined herein,
unless the owner offers to provide and, if requested,
provides an equivalent or superior housing
accommodation at the same or lower regulated rent in a
closely proximate area.
(3) The provisions of this subdivision shall only permit
one of the individual owners of any building, whether
such ownership is by joint tenancy, tenancy in common,
or tenancy by the entirety to recover possession of one
or more dwelling units for personal use and occupancy.
(4) No action or proceeding to recover possession pursuant
to this subdivision shall be commenced in a court of
competent jurisdiction unless the owner shall have
served the tenant with a termination notice in
accordance with subdivisions (a), (b) and (c)(3) of
section 2524.2 of this Part.
(5) The failure of the owner to utilize the housing
accommodation for the purpose intended after the tenant
vacates, or to continue in occupancy for a period of
three years, may result in a forfeiture of the right to
any increases in the legal regulated rent in the
building in which such housing accommodation is
contained for a period of three years, unless the owner
offers and the tenant accepts reoccupancy of such
housing accommodation on the same terms and conditions
as existed at the time the tenant vacated, or the owner
establishes to the satisfaction of the DHCR that
circumstances changed after the tenant vacated which
prevented the owner from utilizing the housing
accommodation for the purpose intended, and in such
event, the housing accommodation may be rented at the
appropriate guidelines without a vacancy allowance.
This paragraph shall not eliminate or create any claim
that the former tenant of the housing accommodation may
or may not have against the owner.
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