Tenant-Net DHCR NYS Housing Fact Sheet (10/30)
John Fisher
In November Vote your housing as you would your pocketbook.
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TENANT-NET, an internet on-line project of TENANT WATCH/DHCR,
TENANTS ELECTION WATCH AND TENANT UNITY COALITION representing
over two million rent regulated tenants in New York State. For
information please reply to jbfi...@pipeline.com. See below
for further information.
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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.
For more information or assistance. call the DHCR Rent
Infoline, or visit your Borough Rent Office. [editor's note:
DHCR information is noted for misinformation -- see below]
Central
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400
Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
North side of 110th St. and above
Nassau County
50 Clinton Street
6th Floor
Hempstead, NY 11550
Westchester County
55 Church Street
White Plains, NY 10601
Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
South side of 110th St. and below
Bronx
1 Fordham Plaza
2nd Floor
Bronx, NY 10458
Staten Island
350 St. Mark's Place
Room 105
Staten island, NY
10301
Rockland County
94-96 North Main St.
Spring Valley, NY 10977
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DHCR Fact Sheets (series of thirty) are verbatim copies of
those Fact Sheets issued by the New York State Division of
Housing and Community Renewal (DHCR). Every attempt has been
made to conform to original New York State issued Fact Sheets,
but the above-listed organizations make 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 who has
actual practice before DHCR and/or housing court. (rev.
8/17/94)
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