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Definition of Temporary Exemption due to owner occupancy

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Definition of Temporary Exemption due to owner occupancy

Postby bluegrass » Thu Nov 29, 2018 1:34 am

Where are the rules that govern temporary exemption due to owner occupancy defined? § 2520.11 has the list of exemptions, including employee-occupied exemption, but does not seem to clearly define owner-occupancy temporary exemption. In particular, can an owner that is a corporation (e.g., LLC, LLP, or other corporate entity) claim temporary exemption due to owner occupancy? Which relatives would qualify? Is just immediate family members? Do the same rules that govern eviction of a rent-stabilized tenant due to owner occupancy govern the terms of temporary exemption due to owner occupancy?

http://www.nyshcr.org/Apps/rentreg/AnnualRentRegInstructions.htm and
https://www1.nyc.gov/site/rentguidelinesboard/resources/glossary-of-rent-regulation-terms.page are not exhaustive or detailed in their explanations

Or is the right way to interpret a temporary exemption simply the absence of a rent-paying tenant as alluded to by the RGB (which renders the above questions moot)? That is any period where someone is living there without paying rent would render a unit temporarily exempt. Similarly, even if an owner's relative lived in the unit, if she/he paid rent it would mean that the unit could not be temporarily exempt.
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