Landlord Can Evict Rent-Controlled Tenant Based on Intent to Demolish Building

LVT Number: 17532

Landlord asked the DHCR for permission to evict rent-controlled tenant based on landlord's intent to demolish the building. The DRA ruled for landlord. Tenant appealed, claiming that landlord didn't meet the requirements for DHCR approval. The DHCR ruled against tenant. DOB had approved landlord's demolition plan. Landlord demonstrated proof of financial ability to complete the project. No other apartment was occupied. The DHCR had dismissed tenant's harassment complaint.

Landlord asked the DHCR for permission to evict rent-controlled tenant based on landlord's intent to demolish the building. The DRA ruled for landlord. Tenant appealed, claiming that landlord didn't meet the requirements for DHCR approval. The DHCR ruled against tenant. DOB had approved landlord's demolition plan. Landlord demonstrated proof of financial ability to complete the project. No other apartment was occupied. The DHCR had dismissed tenant's harassment complaint. And landlord agreed to give tenant a relocation and moving expense stipend as required by the Rent Stabilization Law and DHCR Operational Bulletin 2002-1.

Gronowitz: DHCR Adm. Rev. Dckt. No. QK420005RT (4/8/04) [3-pg. doc.]

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