20-Year Rule Doesn't Apply

March 1, 2002

LVT Number: 15638

Landlord sued to evict rent-stabilized tenant to recover an apartment for his daughter. The court ruled against landlord. Since tenant occupied two adjacent apartments as a single primary residence and one of the units was an ETPA protected apartment, landlord was barred by the 20-year tenant occupancy rule from recovering the apartment for owner occupancy. Landlord appealed and won. The 20-year rule against owner occupancy evictions applies only to rent-controlled tenants statewide and to rent-stabilized tenants outside New York City.

Landlord sued to evict rent-stabilized tenant to recover an apartment for his daughter. The court ruled against landlord. Since tenant occupied two adjacent apartments as a single primary residence and one of the units was an ETPA protected apartment, landlord was barred by the 20-year tenant occupancy rule from recovering the apartment for owner occupancy. Landlord appealed and won. The 20-year rule against owner occupancy evictions applies only to rent-controlled tenants statewide and to rent-stabilized tenants outside New York City. It doesn't apply to rent-stabilized tenants in New York City who came under stabilization as a result of the ETPA.

Brusco v. Armstrong: NYLJ, 2/6/02, p. 18, col. 1 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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