Landlord Church Can Recover Unit for Classroom Use

Landlord church applied to the DHCR for permission to evict tenant. Landlord owned the building and used all of it as a school, except for tenant's apartment. Landlord also owned the church building next-door. Landlord had bought the building with the intention of establishing the school, and didn't want to rent to tenant. After a hearing, the DRA ruled for landlord, and tenant appealed. She had lived in the rent-controlled apartment for 21 years and would suffer hardship if she had to move. The DHCR ruled against tenant. Under the rent control regulations, landlord could recover the apartment. Landlord showed that it intended in good faith to permanently withdraw the housing accommodation from both the housing and nonhousing rental markets, and had no intent to rent or sell all or any part of the land or building.

110-33 Guy Brewer Blvd., Apt. 2: DHCR Adm. Rev. Dckt. No. EH 110095-RT (8/17/93) [6-page document]