Ill Landlord Proved She Needed Tenant's Rent-Controlled Apartment

Facts: Landlord sought to recover rent-controlled tenant's first-floor apartment for her own use. Landlord lived on the second floor. She was 74 and in poor health. Landlord's husband was 84 and had recently had his leg amputated. Tenant, age 30, had lived in the apartment since birth and had become the rent-controlled tenant of record upon her mother's death. The DRA denied landlord a certificate of eviction, finding that tenant had lived in the apartment for over 20 years and was therefore exempt from owner occupancy eviction. Landlord appealed, arguing that tenant had only paid rent in her own name for 11 years. DHCR: Landlord wins. Tenant only became a tenant within the meaning of the applicable rent control regulation in 1984, after her mother's death. At that time she got the apartment in her own name through pass-on rights. So the 20-year rule didn't apply. Landlord had otherwise proved immediate and compelling necessity to recover the apartment. Although landlord's husband had died since she first requested the certificate of eviction, landlord's application was based on the medical needs of both her husband and herself.

Small: DHCR Admin. Rev. Dckt. No. JI620216RO (7/26/96) [5-page document]