Landlord Can Get Rent-Controlled Apartment for Son's Family

Facts: Landlord asked the DHCR for permission to evict rent-controlled tenant to recover the apartment for her son and his family. The son and his family already lived in the apartment above tenant's and wished to combine units to create a duplex. The DRA ruled for landlord, finding that landlord showed both good-faith intent and immediate and compelling necessity for the apartment. Tenant appealed, claiming there was no immediate necessity. The DHCR ruled against tenant. Landlord showed that the son, his wife, and child lived in crowded conditions. The son's child, who was one year old at the time landlord filed the application, had a sleeping alcove but no separate bedroom. This put stress on the family. Landlord also showed that she had the financial ability to complete renovation plans. And tenant didn't qualify for exemption from eviction under the 20-year rule since he moved back into the apartment in 1988 after a 23-year absence. Tenant appealed to court, claiming that the DHCR didn't allow him to review landlord's building plans. The court ruled that tenant should have been allowed to review plans and sent the case back to the DHCR for further processing. After reviewing plans, tenant claimed that plans originally submitted by landlord had been changed. DHCR: Tenant loses. Landlord changed the renovation plans after the application had been pending several years because, at the time the application was filed, the son's child was 1 year old and the son and his wife planned to have another child. The child was now 7 years old, and the son had no other children. So it was reasonable to alter the plans somewhat. Tenant also tried to reargue other issues, but the DHCR ruled that the court had sent the case back only to allow tenant to review the renovation plans.

Schawinsky: DHCR Adm. Rev. Dckt. No. KG420006RT (7/3/97) [13-page document]