Landlord Can't Evict Rent-Controlled Senior Citizen for Owner Occupancy

Landlord asked the DHCR for a certificate of eviction so that landlord could recover tenant’s apartment for owner occupancy. The DRA ruled against landlord because tenant was a senior citizen and had lived in the apartment for more than 20 years. Tenant therefore was exempt from eviction. Landlord appealed and lost, claiming that it had offered tenant another apartment. But NYC Rent & Eviction Regulations Section 2205.4 bars issuance of a certificate of eviction if a member of tenant’s household is 62 years of age or older, or has lived in an apartment in the building for more than 20 years. The regulation doesn’t make any provision for landlord to lawfully evict tenant by offering alternative and equivalent or superior housing at an equal or lower rent. Only state rent control regulations that don’t apply within New York City contain that provision. Federal and New York State courts also have upheld the rent control laws and regulations as constitutional.

Finstad: DHCR Adm. Rev. Docket No. DV420024RO (9/23/16) [4-pg. doc.]