Landlord Didn't Prove Elderly Tenant Had Moved Permanently to Nursing Home

Landlord asked the DHCR for permission to terminate rent-controlled tenancy and proceed for eviction based on landlord’s wish to recover the apartment for owner occupancy.  Landlord claimed that the rent-controlled tenant had moved out of the apartment and was living in a nursing home. Tenant’s son claimed he had lived in the apartment over 20 years, and submitted his 1983 voter registration as proof. Landlord claimed that the son used the apartment only as a mailing address until 2012 when tenant moved to the nursing home.

The DRO ruled against landlord, who appealed and lost. Landlord failed to prove that tenant had permanently vacated the apartment. And NYC Rent and Eviction Laws Section 2204.5 permitted an owner to recover a rent-controlled apartment for owner occupancy if landlord had an immediate and compelling necessity and provided tenant wasn’t 62 years old or more, disabled, or residing in the apartment for at least 20 years. Since tenant was over 62, landlord couldn’t recover the apartment for owner-occupancy purposes.

Elgart: DHCR Adm. Rev. Docket No. DR220012RO (3/9/16) [3-pg. doc.]