20-Year Rule Applies to Rent-Stabilized Tenant

April 1, 2001

LVT Number: 14858

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Tenant had lived in the apartment since January 1974. Tenant claimed that he was protected by the 20-year rule contained in the Emergency Tenant Protection Regulations (ETPR), which barred owner-occupancy eviction of tenants who had lived in an apartment for 20 years or more.

(Decision submitted by Samuel J. Himmelstein of the Manhattan law firm of Himmelstein, McConnell, Gribben & Donoghue, attorneys for the tenant.) Landlord sued to evict rent-stabilized tenant to recover the apartment for owner occupancy. Tenant had lived in the apartment since January 1974. Tenant claimed that he was protected by the 20-year rule contained in the Emergency Tenant Protection Regulations (ETPR), which barred owner-occupancy eviction of tenants who had lived in an apartment for 20 years or more. Landlord claimed that the ETPR didn't apply to rent-stabilized tenants in New York City and that there was no 20-year rule for rent-stabilized tenants under the Rent Stabilization Code. The court ruled for tenant. The ETPR applied to New York City tenants who moved into apartments between July 1971 and May 1974.

Verni v. Owens-Kennedy: NYLJ, 4/4/01, p. 21, col. 5 (Civ. Ct. NY; Klein, J)

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