Landlord Can Recover Rent-Controlled Apartment for Son's Use

Facts: Landlord applied for an order letting her evict rent-controlled tenant for owner occupancy. Landlord's son, daughter-in-law, and grandson were living in a top-floor apartment in the building. Landlord claimed this apartment was too small. Landlord wanted to combine this apartment and tenant's apartment into a duplex to be used by the son and his family. The DRA granted landlord's application, and issued a Certification of Eviction. Tenant appealed, arguing that landlord had rented the basement apartment without offering it to tenant. Tenant also claimed that the new vacancy showed that landlord didn't need tenant's apartment. DHCR: The DHCR ruled for landlord, finding that landlord had submitted her application in good faith three years before the basement apartment became vacant. Also, landlord showed a compelling need for the apartment.

333 West 18th Street, Apt. 4: DHCR Adm. Rev. Dckt. No. HG 420006 RT (2/11/94) [10-page document]