20-Year Rule Applies to Combined Apartments

August 31, 2001

LVT Number: 15228

Facts: Landlord sued to evict rent-stabilized tenant from apartment A. Landlord wanted to live in the apartment himself. Tenant's husband was the rent-controlled tenant of apartment B. Tenant claimed that apartments A and B together were the primary residence of both tenant and her husband. Tenant claimed that the 20-year ruled applied, and landlord couldn't evict them. Court: Tenant wins. The two apartments together made up the primary residence of both tenant and her rent-controlled husband.

Facts: Landlord sued to evict rent-stabilized tenant from apartment A. Landlord wanted to live in the apartment himself. Tenant's husband was the rent-controlled tenant of apartment B. Tenant claimed that apartments A and B together were the primary residence of both tenant and her husband. Tenant claimed that the 20-year ruled applied, and landlord couldn't evict them. Court: Tenant wins. The two apartments together made up the primary residence of both tenant and her rent-controlled husband. And landlord can't evict a rent-controlled tenant who has lived in an apartment for 20 years or more in an owner occupancy case.

Derdarian v. Lehmann: NYLJ, 8/15/01, p. 18, col. 3 (Civ. Ct. NY; Cavallo, J)

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