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Re: eviction based on owner occupancy

Posted by Anna on August 17, 1999 at 11:36:12:

In Reply to: eviction based on owner occupancy posted by Tracy on August 17, 1999 at 10:14:36:

: I have an aunt who has lived in the same apartment in NYC for 29 years.
: The apartment was rent controlled until 8 years ago and is currently rent
: stabilized at $500/month. A new owner took over the building about 3 years ago.
: At that time, 3 of the 10 apartments in the building were occupied.
: The new owner renovated the 7 unoccupied apartments and leased out for
: $1500-$2500 per month per apartment. Recently, the new owner has mentioned
: that when my aunts lease comes up, he is planning on evicting under owner
: occupancy rule. My aunts' lease will come up in about 1 1/2 years.
: Can this be done?
: She has lived there 29 years and planned on retiring there
: She will be unable to find a comparable apartment in the city for $500/month and is unable to pay more
: The owner had the opportunity to have his pick of 7 newly renovated apartments in the same building for himself
: Thank you for any information you can provide on this issue
: Tracy

He can try. In a lawsuit, those facts should win it for your aunt. But watch for new developments during the next year.

You have plenty of time to research this process. Start with TenantNet: read the CWTF and/or CTRC pamphlets, DHCR fact sheets, and housing court cases on the subject. Also: goto DHCR's website to check if they have updated any of the relevant material.

Basically: the LL will send a notice of intent not to renew instead of a renewal lease offer. Get a lawyer & try to negotiate a buyout, if wanted. Or stay & fight it: if your aunt does not leave when her lease is up, he will start a Holdover Eviction proceeding based on his intent to occupy the apartment.

ps: the LL might try to evict on other grounds, like non-primary residency or illegal sublet, etc.: it would be wise to collect the documents she would need to defend against those, too.

pps: those new rents are probably illegally high: LL's do some renovations, let's say $4000, but increase the rent as if they spent $14000: if the new tenants don't contest the rent within four years, it becomes legal.

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