Landlord Can't Get Apartment for Business Use

Landlord asked the DHCR for permission to evict tenants so that he could use the building for his business, which he operated nearby. After a DHCR hearing, an ALJ found that landlord was proceeding in good faith, as long as he submitted approved building alteration plans and proof that he was complying with relocation requirements. After one year, the DRA sent landlord a notice reminding him of these obligations, since landlord hadn't filed any papers. Landlord didn't respond to the notice. The DRA sent a second notice a year later and, again, landlord didn't file papers or respond to the notice. Tenants filed an objection to the eviction, arguing that landlord's delay in filing the plans indicated lack of good faith. The DRA ruled for tenants, and landlord appealed. The DHCR ruled for tenants. Landlord claimed he'd submitted plans when in fact he hadn't. Also, once landlord's plans were approved by DOB, he didn't submit them within a reasonable time. And landlord didn't comply with the relocation requirements.

Montag: DHCR Adm. Rev. Dckt. No. EB 220232-RO (3/30/94) [4-page document]