Landlord Can Evict Long-Term Tenant

February 1, 2001

LVT Number: 14720

Landlord sued to evict rent-stabilized tenant to recover an apartment for his son to live in. Tenant claimed that under the ETPA, landlord couldn't evict him for owner occupancy because he'd lived in the apartment over 20 years. The court ruled against tenant. Tenant moved into the apartment on or after July 1, 1974. Since tenant didn't move into the apartment during the period between July 1, 1971, the effective date of the Vacancy Decontrol Law, and May 29, 1974, the effective date of the ETPA, tenant didn't become rent stabilized solely as a result of the ETPA.

Landlord sued to evict rent-stabilized tenant to recover an apartment for his son to live in. Tenant claimed that under the ETPA, landlord couldn't evict him for owner occupancy because he'd lived in the apartment over 20 years. The court ruled against tenant. Tenant moved into the apartment on or after July 1, 1974. Since tenant didn't move into the apartment during the period between July 1, 1971, the effective date of the Vacancy Decontrol Law, and May 29, 1974, the effective date of the ETPA, tenant didn't become rent stabilized solely as a result of the ETPA. Therefore, tenant wasn't protected by the ETPA's 20-year rule.

Byros v. Zupan: NYLJ, 1/3/01, p. 24, col. 6 (Civ. Ct. NY; Scheckowitz, J)

Topics

More like this