Landlord Can't Evict Long-Term Tenants

Facts: Landlord bought a five-story brownstone building in 1983. Two rent-controlled tenants lived in the building. They'd both been there since 1970. Landlord lived in the building with her two adult children, who lived on separate floors. Landlord's granddaughter and two foster children also lived in the building. Seven months after landlord bought the building, the rent control law was amended to bar recovery of apartments for owner occupancy if rent-controlled tenants had lived in the apartments for at least 20 years. In 1990, tenant sued the DHCR, claiming that this law was unconstitutional. The trial court ruled against landlord, and she appealed. Court: Landlord loses. The U.S. Supreme Court has already ruled that states have broad power to regulate landlord-tenant relationships without paying compensation for all economic injuries caused by regulation. There was no taking of landlord's property. Landlord, in fact, had voluntarily assumed a pre-existing relationship. The tenants were living there when she bought the building. Landlord was still free to sell the building. And the state has an interest in protecting the tenancies of long-term rent-controlled tenants. The law reasonably protects lower-income tenants and helps prevent homelessness.

Dawson v. Higgins: NYLJ, p. 25, col. 3 (4/11/94) (App. Div. 1 Dept.; Sullivan, JP, Ellerin, Asch, Tom, JJ)